[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Notices]
[Page 15025-15026]
[DOCID:fr02ap09-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59628; File No. SR-NYSEArca-2009-26]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the Option
Trading Rules in Order To Extend the Penny Pilot Program

March 26, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 25, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \4\ and Rule 19b-4(f)(6) thereunder.\5\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its option trading rules in order to
extend the Penny Pilot in options classes in certain issues (``Pilot
Program'') previously approved by the Securities and Exchange
Commission (``Commission''), through July 3, 2009. The text of the
proposed rule change is attached as Exhibit 5 to the 19b-4 form. A copy
of this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange'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, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange hereby proposes to extend the time period of the Pilot
Program \6\ which is currently scheduled to expire on March 27, 2009
through July 3, 2009. This filing does not propose any substantive
changes to the Pilot Program: All classes currently participating will
remain the same and all minimum increments will remain unchanged. The
Exchange believes the benefits to public customers and other market
participants who will be able to express their true prices to buy and
sell options have been demonstrated to outweigh the increase in quote
traffic.
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    \6\ See Securities Exchange Act Release No. 55156 (January 23,
2007), 72 FR 4759 (February 21, 2007); Securities Exchange Act
Release No. 56568 (September 27, 2007), 72 FR 56422 (October 3,
2007).
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    The Exchange agrees to submit a report to the Commission that
includes data and written analysis of information collected from
February 1, 2009 through

April 30, 2009 and will be submitted by the close of May 2009. The
report will analyze the impact of the Pilot Program on market quality
and options systems capacity. This report will include, but is not
limited to: (1) Data and written analysis on the number of quotations
generated for options selected for the Pilot Program; (2) an assessment
of the quotation spreads for the options selected for the Pilot
Program; (3) an assessment of the impact of the Pilot Program on the
capacity of the NYSE Arca's automated systems; (4) any capacity
problems or other problems that arose related to the operation of the
Pilot Program and how the Exchange addressed them; and (5) an
assessment of trade through complaints that were sent by the Exchange
during the operation of the Pilot Program and how they were addressed.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \7\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5) \8\ in particular in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system. The Exchange
believes that the Pilot Program promotes just and equitable principles
of trade by enabling public customers and other market participants to
express their true prices to buy and sell options.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    Because the foregoing rule 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 if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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 the pre-filing requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposed rule change may become operative
upon filing with the Commission pursuant to Section 19(b)(3)(A) of the
Act \11\ and Rule 19b-4(f)(6) \12\ thereunder. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
will allow the Penny Pilot Program to continue without interruption
through July 3, 2009.\13\ Accordingly, the Commission designates the
proposed rule change operative upon filing with the Commission.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4.
    \13\ For the 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.
78(c)(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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-NYSEArca-2009-26 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-NYSEArca-2009-26. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at NYSE Arca's principal office and on its
Internet Web site at http://www.nyse.com. 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-NYSEArca-2009-26 and should be submitted
on or before April 23, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7370 Filed 4-1-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 6, 2010 (Volume 75, Number 65)]
[Notices]
[Page 17459-17460]
[DOCID:fr06ap10-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61813; File No. SR-NYSEArca-2010-19]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Extending the Pilot
Period To Receive Inbound Routes of Equities Orders from Archipelago
Securities LLC

March 31, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on March 30, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to extend the pilot period of the Exchange's
prior approvals to receive inbound routes of equities orders from
Archipelago Securities LLC (``Arca Securities''), an NYSE Arca
affiliated ETP Holder. A copy of this filing is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange'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, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    Currently, Arca Securities is the approved outbound order routing
facility of the Exchange.\3\ Arca Securities is also the approved
outbound order routing facility of the New York Stock Exchange LLC
(``NYSE'') and NYSE Amex LLC (``NYSE Amex'').\4\ The Exchange, through
its wholly-owned subsidiary, NYSE Arca Equities, Inc., has also been
previously approved to receive inbound routes of equities orders by
Arca Securities in its capacity as an order routing facility of NYSE
Amex and the NYSE.\5\ The Exchange's authority to receive inbound
routes of equities orders by Arca Securities is subject to a pilot
period ending March 31, 2010.\6\ The Exchange hereby seeks to extend
the previously approved pilot period (with the attendant obligations
and conditions) for an additional 6 months, through September 30, 2010.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 53238 (July 28,
2006), 71 FR 44758 (August 7, 2006) (order approving SR-NYSEArca-
2006-13); see also, Securities Exchange Act Release No. 52497
(September 22, 2005), 70 FR 56949 (September 29, 2005) (SR-PCX-2005-
90); see also, Securities Exchange Act Release No. 44983 (October
25, 2001), 66 FR 55225 (November 1, 2001) (SR-PCX-00-25); see also,
Securities Exchange Act Release No. 58681 (September 29, 2008), 73
FR 58285 (October 6, 2008) (order approving NYSEArca-2008-90).
    \4\ See Securities Exchange Act Release No. 55590 (April 5,
2007), 72 FR 18707 (April 13, 2007) (notice of immediate
effectiveness of SR-NYSE-2007-29); see also, Securities Exchange Act
Release No. 58680 (September 29, 2008), 73 FR 58283 (October 6,
2008) (order approving SR-NYSE-2008-76). See Securities Exchange Act
Release No. 59009 (November 24, 2008), 73 FR 73363 (December 2,
2008) (order approving SR-NYSEALTR-2008-07); see also, Securities
Exchange Act Release No. 59473 (February 27, 2009) 74 FR 9853 (March
6, 2009) (order approving SR-NYSEALTR-2009-18).
    \5\ See Securities Exchange Act Release No. 58681 (September 29,
2008), 73 FR 58285 (October 6, 2008) (order approving NYSEArca-2008-
90); see also, Securities Exchange Act Release No. 59010 (November
24, 2008), 73 FR 73373 (December 2, 2008) (order approving SR-
NYSEArca-2008-130).
    \6\ See Securities Exchange Act Release No. 61267 (December 31,
2009), 75 FR 1096 (January 8, 2010) (notice of immediate
effectiveness of SR-NYSEArca-2009-115).
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \7\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5) \8\ in particular in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system. Specifically, the
proposed rule change will allow the Exchange to continue receiving
inbound routes of equities orders from Arca Securities acting in its
capacity as a facility of the NYSE and NYSE Amex, in a manner
consistent with prior approvals and established protections. The
Exchange believes that extending the previously approved pilot period
for six months will permit both the Exchange and the Commission to
further assess the impact of the Exchange's authority to receive direct
inbound routes of equities orders via Arca Securities (including the
attendant obligations and conditions).\9\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ The Exchange is currently analyzing the condition regarding
non-public information and system changes in order to better reflect
the operation of Arca Securities.
---------------------------------------------------------------------------

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

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

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

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

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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\12\
However, Rule 19b-4(f)(6)(iii)\13\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Exchange notes that
the proposal will allow the Exchange to continue receiving inbound
routes of equities orders from Arca Securities, in a manner consistent
with prior approvals and established protections, while also permitting
the Exchange and the Commission to assess the impact of the pilot.\14\
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because such waiver would allow the pilot period to be extended without
interruption through September 30, 2010. For this reason, the
Commission designates the proposed rule change to be operative upon
filing with the Commission.\15\
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    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its 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.
    \13\ Id.
    \14\ See supra note 9 and accompanying text.
    \15\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate 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-NYSEArca-2010-19 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-NYSEArca-2010-19. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room 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-NYSEArca-2010-19 and should be submitted on or before
April 27, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Florence E. Harmon,
Deputy Secretary.
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    \16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2010-7696 Filed 4-5-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Proposed Rules]
[Pages 12092-12094]
[FR Doc No: 2015-05215]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

2 CFR Part 1201

[Docket DOT-OST-2015-0013]
RIN 2105-AE38

Geographic-Based Hiring Preferences in Administering Federal
Awards

AGENCY: Office of the Secretary (OST); U.S. Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The DOT proposes to amend its regulations implementing the
Government-wide Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards to permit recipients and
subrecipients to impose geographic-based hiring preferences whenever
not otherwise prohibited by Federal statute.

DATES: Comments must be received on or before April 6, 2015. Late-filed
comments will be considered to the extent practicable, but the DOT may
issue a final rule at any time after the close of the comment period.

ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., W12-140, Washington, DC
20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The telephone number is (202) 366-
9329.
     Instructions: You must include the agency name and docket
number or the Regulatory Identification Number (RIN) for the rulemaking
at the beginning of your comments. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.

FOR FURTHER INFORMATION CONTACT: Michael Harkins, Deputy Assistant
General Counsel for General Law (OST-C10), Office of the Secretary,
Department of Transportation, 1200 New Jersey Avenue SE., Room W83-312,
Washington, DC 20590,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On December 26, 2014, the DOT's regulations
at 2 CFR part 1201 became effective, which adopted the Office of
Management and Budget's (OMB) revised Government-wide Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal awards to non-Federal entities at 2 CFR part 200 (Common
Rule). These requirements at 2 CFR 200.319(b) prohibit the use of in-
state or local geographic preferences in the evaluation of bids or
proposals except where Federal statute mandates or encourages the use
of such preferences.\1\ This prohibition extends to the use of
geographic hiring preferences in contracts that are awarded by
recipients and subrecipients with Federal financial assistance since
such preferences could result in a competitive advantage for
contractors based in the targeted hiring area. This provision in the
OMB Common Rule is not new and was found in the DOT's implementation of
the prior version of OMB's Common Rule (49 CFR 18.36(c)(2) (2014)).
---------------------------------------------------------------------------

    \1\ For example, 23 U.S.C. 140(d) authorizes the preferential
employment of Indians living on or near a reservation on projects
and contracts on Indian reservations roads under the Federal-aid
Highway Program.
---------------------------------------------------------------------------

    Many recipients and subrecipients at the local governmental level
have local hiring provisions that they otherwise apply to procurements
that do not involve Federal funding. Such provisions are intended to
ensure that the communities in which the projects are located benefit
from the jobs that result from their investment of their funds,
particularly for workers in low income areas. Transportation plays a
critical role in connecting Americans and communities to economic
opportunity. The choices that are made regarding transportation
infrastructure can strengthen communities, create pathways to jobs and
improve the quality of life for all Americans. Transportation
investments and policies can improve access to jobs, education, and
goods movement, while providing construction and operations jobs. As
such, the DOT believes that local and other geographic-based hiring
preferences are essential to promoting Ladders of Opportunity for the
workers in these communities by ensuring that they participate in, and
benefit from, the economic opportunities such projects present.
    Additionally, Section 418 of the Consolidated and Further
Continuing Appropriations Act, 2015, Public Law 113-235 (FY 2015
Appropriations Act), prohibits the Federal Transit Administration from
using fiscal year (FY) 2015 funds to implement, administer, or enforce
49 CFR 18.36(c)(2), for construction hiring. Section 18.36(c)(2)
prohibits the use of statutorily or administratively imposed in-State
or local geographical preferences in the evaluation of bids or
proposals.\2\ Thus, at least for FTA-funded project in FY 2015,
Congress has diminished the legal effectiveness of this provision.
---------------------------------------------------------------------------

    \2\ Effective December 26, 2014, 49 CFR part 18 will apply only
to grants obligated on or before December 25, 2014. Grants obligated
on or after December 26, 2014 will be subject to 2 CFR part 200.
This provision (18.36(c)(2)) has been recodified at 2 CFR 200.319(b)
and is substantively the same as 18.36(c)(2). Although Congress did
not address the change in codification in section 418, FTA intends
to apply section 418 to grants obligated on or after December 26,
2014 and subject to 2 CFR 200.319(b).
---------------------------------------------------------------------------

    Therefore, the DOT is proposing to amend Part 1201 by promulgating
a provision to deviate from the OMB guidance by making clear that
geographic hiring preferences may be used in DOT grant programs. With
this deviation, local communities will be in a better position to
leverage Federal and State and local funds into local jobs and economic
growth. However, this deviation would only apply to the extent that
such geographic hiring preferences are not otherwise prohibited by
Federal statute or regulation. For example, the Federal statutory
provision at 23 U.S.C. 112 requires full and open competition in the
award of contracts under the Federal-aid highway program. The Federal
Highway Administration has traditionally interpreted this provision as
prohibiting the use of geographic hiring preferences and reinforced
this interpretation in 23 CFR 635.117(b). Under a 2013 Opinion from

the Office of Legal Counsel (OLC), OLC clarified that section 112 does
not compel the DOT from prohibiting recipients and subrecipients under
the Federal-aid Highway Program from imposing contract requirements
that do not directly relate to the performance of work. Rather, the OLC
opinion states that the Secretary has discretion to permit such
requirements as long as they do not ``unduly limit competition.'' (See
Competitive Bidding Requirements Under the Federal-Aid Highway Program,
23 U.S.C. 112, (Aug. 23, 2013)).
    In order to determine whether contracting requirements may be used
consistent with the 2013 OLC opinion, the DOT has established a pilot
program under which such geographic-based hiring requirements may be
used on an experimental basis. This program, which is published in
today's Federal Register, allows recipients and subrecipients of
Federal Highway Administration and Federal Transit Administration funds
to use such requirements pursuant to the experimental authorities of
those agencies. For any such projects, the DOT will monitor and
evaluate whether the contracting requirements approved for use under
the pilot program have an undue restriction on competition.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and USDOT
Regulatory Policies and Procedures

    The DOT has preliminarily determined that this action would not be
a significant regulatory action within the meaning of Executive Order
12866 and would not be significant within the meaning of DOT regulatory
policies and procedures. It is anticipated that the economic impact of
this rulemaking would be minimal. These proposed changes would not
adversely affect, in a material way, any sector of the economy. In
addition, these changes would not interfere with any action taken or
planned by another agency and would not materially alter the budgetary
impact of any entitlements, grants, user fees, or loan programs.
Consequently, a full regulatory evaluation is not required.
    Allowing local geographic preferences in hiring, where none
currently exist, may result in additional local hiring and in non-local
workers not obtaining jobs they otherwise might get. To the extent this
occurs this would be an economic transfer from non-local workers to
local workers and not a cost.
    To the extent local labor markets are tight this could increase
labor costs for the DOT-Grant funded projects if all hiring is local.
Similarly, if local supply of labor in the skilled trades is low,
productivity on DOT-Grant funded project could decrease and project
costs could increase if all hiring is local. However, the proposed rule
is not forcing local governments to hire locally; it is only saying
that they may use geographic hiring preferences. They will only
exercise this option if they feel it is net beneficial to their
communities to do so.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the DOT has evaluated the effects of this proposed
action on small entities and has determined that the proposed action
would not have a significant economic impact on a substantial number of
small entities. This proposed action does not affect any funding
distributed under any of the programs administered by the DOT. For
these reasons, I hereby certify that this action would not have a
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48).
This proposed rule will not result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private sector, of
$128.1 million or more in any one year (2 U.S.C. 1532). Further, in
compliance with the Unfunded Mandates Reform Act of 1995, the DOT will
evaluate any regulatory action that might be proposed in subsequent
stages of the proceeding to assess the effects on State, local, tribal
governments and the private sector.

Executive Order 13132 (Federalism Assessment)

    This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, and the DOT
has determined preliminarily that this proposed action would not have
sufficient federalism implications to warrant the preparation of a
federalism assessment. The DOT has also determined that this proposed
action would not preempt any State law or State regulation or affect
the States' ability to discharge traditional State governmental
functions.

Executive Order 13211 (Energy Effects)

    We have analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, dated May 18, 2001. We have determined that it is
not a significant energy action under that order since it is not likely
to have a significant adverse effect on the supply, distribution, or
use of energy. Therefore, a Statement of Energy Effects is not
required.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program. Accordingly, the
DOT solicits comments on this issue.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501),
Federal agencies must obtain approval from the Office of Management and
Budget (OMB) for each collection of information they conduct, sponsor,
or require through regulations. The DOT has determined that this
proposal does not contain collection of information requirements for
the purposes of the PRA.

Executive Order 12988 (Civil Justice Reform)

    This action 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.

Executive Order 13045 (Protection of Children)

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. The DOT
certifies that this proposed action would not cause any environmental
risk to health or safety that might disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    The DOT has analyzed this proposed rule under Executive Order
12630, Governmental Actions and Interface with Constitutionally
Protected Property Rights. The DOT does not anticipate that this
proposed action would affect a taking of private property or otherwise
have taking implications under Executive Order 12630.

National Environmental Policy Act

    The DOT has analyzed the environmental impacts of this proposed
action pursuant to the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321 et seq.) and has determined that it is categorically
excluded pursuant to DOT Order 5610.1C, Procedures for Considering
Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical
exclusions are actions identified in an agency's NEPA implementing
procedures that do not normally have a significant impact on the
environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See 40 CFR
1508.4. In analyzing the applicability of a categorical exclusion, the
agency must also consider whether extraordinary circumstances are
present that would warrant the preparation of an EA or EIS. Id.
Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the
categorical exclusions for all DOT Operating Administrations. This
action is covered by the categorical exclusion listed in the Federal
Highway Administration's implementing procedures, ``[p]romulgation of
rules, regulations, and directives.'' 23 CFR 771.117(c)(20). The
purpose of this rulemaking is to permit recipients and subrecipients to
impose geographic-based hiring preferences whenever not otherwise
prohibited by Federal statute. The agency does not anticipate any
environmental impacts, and there are no extraordinary circumstances
present in connection with this rulemaking.

Regulation Identifier Number

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.

List of Subjects in 2 CFR Part 1201

    Uniform administrative requirements, Cost principles, and audit
requirements for Federal awards.

    Issued in Washington, DC, on February 24, 2015.
Anthony R. Foxx,
Secretary of Transportation.

    For the reasons set forth in the preamble, part 1201 of title 2 of
the Code of Federal Regulations is proposed to be amended as follows:

PART 1201--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

0
1. The authority citation for part 1201 continues to read:

    Authority: 49 U.S.C. 322.

0
2. Add Sec.  1201.319 to read as follows:

Sec.  1201.319  Competition.

    Notwithstanding 2 CFR 200.319, non-Federal entities may utilize
geographic hiring preferences (including local hiring preferences)
pertaining to the use of labor on a project consistent with such non-
Federal entities' policies and procedures, when not otherwise
prohibited by Federal statute or regulation.

[FR Doc. 2015-05215 Filed 3-5-15; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: May 27, 2008 (Volume 73, Number 102)]
[Notices]
[Page 30386-30390]
[DOCID:fr27my08-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF08-14-000]

Florida Gas Transmission Company, LLC; Notice of Intent To
Prepare an Environmental Impact Statement for the Proposed Phase VIII
Expansion Project, Request for Comments on Environmental Issues, and
Notice of Public Scoping Meetings

May 19, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of Florida Gas Transmission
Company, LLC's (FGT) proposed Phase VIII Expansion Project. The project
involves the construction and operation of natural gas pipeline and
compressor facilities in various counties in Alabama and Florida as
discussed below.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the proposed project. Your input will help determine which
issues need to be evaluated in the EIS. Please note that the scoping
period will close on June 20, 2008.
    This notice is being sent to affected landowners; federal, state,
and local government agencies; elected officials; environmental and
public interest groups; Native American tribes; other interested
parties; and local libraries and newspapers. State and local government
representatives are asked to notify their constituents along this
proposed project and encourage them to comment on their areas of
concern.
    Comments regarding this project may be submitted in written form or
verbally. Further details on how to submit written or electronic
comments are provided in the public participation section of this
notice. In lieu of or in addition to sending written comments, we
invite you to attend the public scoping meetings we have scheduled as
follows:

------------------------------------------------------------------------
                   Date                               Location
------------------------------------------------------------------------
Tuesday, June 3, 2008, 7 p.m. (EST).......  Crestview Community Center,
                                             1446 Commerce Drive,
                                             Crestview, Florida, 850-682-
                                             0647.
Wednesday, June 4, 2008, 7 p.m. (EST).....  Catholic Church Parish Hall,
                                             2750 S. Byron Butler Pkwy,
                                             Perry, Florida, 850-584-
                                             8853.

Tuesday, June 10, 2008, 7 p.m. (EST)......  Residence Inn by Marriott,
                                             2101 Northpointe Parkway,
                                             Lutz, Florida, 813-792-
                                             8400.
Thursday, June 12, 2008, 7 p.m. (EST).....  Lake Placid Middle School
                                             (Auditorium), 201 Tangerine
                                             Avenue, Lake Placid,
                                             Florida,<PHONE_NUMBER>.
------------------------------------------------------------------------

    The FERC will be the lead federal agency for the preparation of the
EIS. The document will satisfy the requirements of the National
Environmental Policy Act of 1969 (NEPA). In addition, with this notice,
we \1\ are asking other federal, state, and local agencies with
jurisdiction and/or special expertise with respect to environmental
issues to cooperate with us in the preparation of the EIS. These
agencies may choose to participate once they have evaluated FGT's
proposal relative to their responsibilities. Agencies that would like
to request cooperating status should follow the instructions for filing
comments described later in this notice. Consultations have been
initiated with the U.S. Fish and Wildlife Service, U.S. Army Corps of
Engineers, and other state and/or federal wildlife management and
environmental agencies. Consultations with these and other agencies
will continue throughout the project review and permitting period.
---------------------------------------------------------------------------

    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Office of Energy Projects.
---------------------------------------------------------------------------

    If you are a landowner receiving this notice, you may be contacted
by an FGT representative about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The pipeline
company would seek to negotiate a mutually acceptable agreement.
However, if the project is approved by the FERC, that approval conveys
with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, the pipeline company could
initiate condemnation proceedings in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Internet Web site (http://www.ferc.gov). This fact
sheet addresses a number of typically asked questions, including the
use of eminent domain and how to participate in the FERC's proceedings.

Summary of the Proposed Project

    FGT proposes to construct and operate an expansion of the existing
FGT pipeline system that would increase FGT's certificated capacity by
about one billion cubic feet per day of natural gas. The Phase VIII
Expansion Project would consist of looping \2\ portions of their
existing pipelines; installing horsepower at new or existing compressor
stations; acquiring an existing lateral; and constructing new laterals.
The Phase VIII Expansion Project would consist of about 567.6 miles of
pipeline with ancillary facilities, and an additional 207,900
horsepower of compression. Specifically, FGT seeks authority to
construct and operate:
---------------------------------------------------------------------------

    \2\ A pipeline ``loop'' is a pipeline connected to another
pipeline at each end, generally parallel to or located near each
other, to provide additional capacity and reliability.
---------------------------------------------------------------------------

Eleven Pipeline Loop Segments

     Loop 1 would be about 25.5 miles of 42-inch-diameter
pipeline located in Mobile County, Alabama (milepost [MP] 165.3 to
Compressor Station [CS] 11).
     Loop 2 would be about 47.6 miles of 36-inch-diameter
pipeline located in Baldwin and Escambia Counties, Alabama and Escambia
and Santa Rosa Counties, Florida (MP 205.0 to MP 252.6).
     Loop 3 would be about 50.7 miles of 36-inch-diameter
pipeline located in Santa Rosa, Okaloosa, and Walton Counties, Florida
(CS 12 to MP 310.9). FGT would also remove a previously abandoned 24-
inch-diameter pipeline from about MP 260.2 to MP 273.5.
     Loop 4 would be about 59 miles of 36-inch-diameter
pipeline located in Washington, Bay, and Calhoun Counties, Florida (CS
13 to MP 383.5). FGT would also remove a previously abandoned 24-inch-
diameter pipeline from about MP 327.6 to MP 340.2.
     Loop 5 would be about 66.8 miles of 36-inch-diameter
pipeline located in Gadsden, Leon, and Jefferson Counties, Florida (CS
14 to MP 461.5).
     Loop 6 would be about 35.2 miles of 36-inch-diameter
pipeline located in Taylor, Lafayette, and Suwannee Counties, Florida
(CS 15 to MP 503.9).
     Loop 7 would be about 12.8 miles of 36-inch-diameter
pipeline located in Suwannee and Gilchrist Counties, Florida (West Leg
(WL) MP 0.0 to MP 12.8).
     Loop 8 would be about 46.1 miles of 36-inch-diameter
pipeline located in Levy and Citrus Counties, Florida (WL MP 44.5 to CS
26).
     Loop 9 would be about 49.3 miles of 36-inch-diameter
pipeline located in Hernando, Pasco, and Hillsborough Counties, Florida
(WL MP 110.9 to CS 27).
     Loop 10 would be about 38.8 miles of 36-inch-diameter
pipeline located in Hillsborough and Polk Counties, Florida (CS 27 to
WL MP 199.0).
     Loop 11 (Turkey Point Lateral), would be about 6.7 miles
of 24-inch-diameter pipeline located in Dade County, Florida (MP 11.3
to 18.0).

Three Greenfield Pipeline Segments

     The Suwannee Lateral would be about 22.0 miles of 20-inch-
diameter pipeline including about 8 miles of pipeline loop located in
Lafayette County, Florida and about 14 miles of greenfield route
located in Madison and Suwannee Counties, Florida (MP 0.0 to 22.0).
     The Arcadia to Florida Power and Light (FPL) Martin Plant
Lateral would be about 90.6 miles of 30-inch-diameter pipeline located
in Desoto, Highlands, Okeechobee, and Martin Counties, Florida.
     The Manatee Lateral would be about 16.5 miles of 24-inch-
diameter pipeline located in Manatee County, Florida.

One Pipeline Acquisition Segment

     FGT would acquire from FPL its Martin Plant to FGT
Mainline 20-inch-diameter pipeline located in Martin County, Florida.
This pipeline is about 23.1 miles in length. There would be no new
construction or ground disturbing activities associated with the
acquisition of this segment.

Eight Upgrades to Existing Compressor Stations

     Station 11 in Mobile County, Alabama, would have two new
compressor units installed that would add 40,000 hp.
     Station 12 in Santa Rosa County, Florida, would have one
new compressor unit installed that would add 20,500 hp.
     Station 13 in Washington County, Florida, would have one
new compressor unit installed and two existing compressor units
upgraded that would add 26,000 hp.
     Station 14 in Gadsden County, Florida, would have one new
compressor unit installed that would add 24,800 hp.
     Station 15 in Washington County, Florida, would have one
new compressor unit installed that would add 20,000 hp.
     Station 24 in Gilchrist County, Florida, would have one
new compressor unit installed that would add 20,500 hp.
     Station 26 in Citrus County, Florida, would have one new
compressor unit installed that would add 20,500 hp.

     Station 27 in Hillsborough County, Florida, would have one
new compressor unit installed that would add 20,000 hp.

One New Compressor Station

     Station 29 would be located in Okeechobee County, Florida,
and would have two compressor units for a total of 15,600 hp.

Three New Metering and Regulation (M&R) Stations

     One new M&R station (Progress Energy (PE) Suwannee M&R
Station) would be located in Suwannee County, Florida, at the new PE
Power Plant site.
     One new M&R station (FPL Manatee M&R Station) would be
located in Manatee County, Florida, at the FPL Manatee Plant site.
     One new M&R station (FPL Martin M&R Station) would be
located in Martin County, Florida at the FPL Martin Plant site.
    FGT is requesting approval to begin construction of the proposed
facilities in January of 2010. A general overview map of the major
project facilities is provided in Appendix 1.\3\
---------------------------------------------------------------------------

    \3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's Internet Web site (http://www.ferc.gov) at the
``eLibrary'' link or from the Commission's Public Reference Room at
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the end of this notice. Copies of the appendices were sent to all
those receiving this notice by mail. Requests for detailed maps of
the proposed facilities should be made directly to FGT (see http://
www.panhandleenergy.com/FGT/PhaseVIII/ for contact information).
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the project would require about 7,995 acres of
land. For pipeline facilities, FGT would obtain a permanent right-of-
way easement that would be typically 50 feet in width, about 3,320
acres. The remaining 4,675 acres of temporary workspace would be
restored and allowed to revert to its former use. A majority of the
pipeline route would parallel existing utility rights-of-way.
    The temporary land requirements for construction of the proposed
facilities would differ according to the type of terrain encountered
and the corresponding construction methods that would be used, as
described below.
    FGT would utilize a typical 75-foot-wide construction right-of-way
in upland areas to install the 20- and 24-inch-diameter pipelines, a
100-foot-wide construction right-of-way in upland areas to install the
30- and 36-inch-diameter looping and greenfield segments, and a 120-
foot-wide construction right-of-way to install the upland 42-inch-
diameter loop. Through unsaturated wetlands, FGT proposes to use a 75-
foot-wide construction right-of-way to install the 20- through 36-inch-
diameter pipelines and 100 feet for the proposed 42-inch-diameter loop.
    Following construction of the proposed facilities, FGT would obtain
a permanent right-of-way easement that would typically be 50 feet in
width, centered over the new pipeline. This easement would overlap
existing pipeline rights-of-way in most looping locations.
    FGT may require temporary extra work spaces where obstacles prevent
the normal placement of spoil and/or pipe sections immediately adjacent
to the pipe ditch, additional volumes of spoil would be generated, and
additional construction operations would be performed (e.g., road and
railroad crossings, wetland and water body crossings, areas with steep
side slopes, areas where topsoil segregation would be required, areas
where rock is encountered, truck turnarounds, crossovers, tie-ins, and
horizontal directional drill entry and exit points).
    Aboveground facilities along the project include pig \4\ launcher
and receiver facility sites and mainline valve locations, which would
typically be located within the permanent right-of-way or adjacent to
existing aboveground facility locations (e.g., compressor stations or
mainline valve sites). FGT would add between 10 to 20 acres to existing
Compressor Stations 11, 12, 13, and 14. Additional land required for
construction at these existing compressor stations would be retained
for project operations. FGT would also acquire about 30 acres of land
for the new Compressor Station 29. Each M&R station site would be
located on power plant property.
---------------------------------------------------------------------------

    \4\ A pipeline ``pig'' is a device designed to internally clean
or inspect the pipeline. A pig launcher/receiver is an aboveground
facility where pigs are inserted or retrieved from the pipeline.
---------------------------------------------------------------------------

The EIS Process

    NEPA requires the Commission to take into account the environmental
impacts that could result from an action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity under
Section 7 of the Natural Gas Act. NEPA also requires the Commission to
discover and address concerns the public may have about proposals. This
process is referred to as ``scoping.'' The main goal of the scoping
process is to focus the analysis in the EIS on the important
environmental issues and reasonable alternatives.
    Although no formal application has been filed, we have already
initiated our NEPA review under the FERC's Pre-Filing Process. The
purpose of the Pre-Filing Process is to encourage the early involvement
of interested stakeholders and to identify and resolve issues before an
application is filed with the FERC.
    As part of our Pre-Filing Process review, representatives from the
FERC have begun to contact some federal and state agencies to discuss
their involvement in the scoping process and the preparation of the
EIS. In addition, representatives from the FERC participated in FGT
sponsored public open houses in the project area from April 14-30,
2008, to explain the environmental review process to interested
stakeholders and take comments about the project. During early June,
2008, the FERC staff will conduct interagency scoping meetings in the
project area to solicit comments and concerns about the project from
jurisdictional agencies. By this notice, we are formally announcing our
preparation of the EIS and requesting additional agency and public
comments to help us focus the analysis in the EIS on the potentially
significant environmental issues related to the proposed action.
    Our independent analysis of the issues will be included in a draft
EIS. The draft EIS will be mailed to federal, state, and local
government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties;
local libraries and newspapers; and the FERC's official service list
for this proceeding. A 45-day comment period will be allotted for
review of the draft EIS. We will consider all timely comments on the
draft EIS and revise the document, as necessary, before issuing a final
EIS. To ensure that your comments are considered, please follow the
instructions in the Public Participation section of this notice.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the
construction and operation of the proposed project under the general
resource headings listed below. We have already identified several
issues that we think deserve attention based on a preliminary review of
the proposed facilities and the environmental information provided by
FGT. This preliminary list of issues may be changed based on your
comments and our additional analysis.
     Geology and Soils:

--Assessment of potential geologic hazards, including sinkholes.

--Potential impact on mineral resources and mining operations.
--Effect on hydric soils and soils with a high potential for
compaction.

     Water Resources and Wetlands:

--Effect on groundwater resources.
--Potential effect on perennial streams, intermittent streams, and
ponds crossed by or close to the planned route.
--Effect on waterbodies designated under federal or state programs,
including the Escatawpa, Blackwater, Escambia, Yellow, Shoal, Chipola,
Apalachicola, Ochlockonee, Aucilla, Suwannee, Sante Fe, Withlacoochee,
Hillsborough, and Kissimmee Rivers.
--Evaluation of temporary and permanent effects on wetlands, including
forested wetlands.

     Fisheries, Wildlife, and Vegetation:

--Effect on fisheries, wildlife, and vegetation resources, including
planted pine and forested habitats.
--Effect on vegetative nuisance species.

     Endangered and Threatened Species and Habitats:

--Potential effect on federal- and state-listed species, including, but
not limited to, the wood stork, red-cockaded woodpecker, everglade
snail kite, Florida scrub-jay, eastern indigo snake, and gopher
tortoise.
--Potential effect on Lake Wales Ridge managed lands.

     Cultural Resources:

--Effect on historic and prehistoric sites.

--Native American and tribal concerns.

     Land Use:

--Impact on residential areas, pine plantations, orange groves, mining,
and irrigation and drainage systems.
--Effect on recreation and public interest areas, including wildlife
management areas, national forests, state forests, national wildlife
refuges, canals, and scenic trail systems.
--Visual effect of the aboveground facilities on surrounding areas.

     Air Quality and Noise:

--Effect on local air quality and noise environment from construction
and operation of the proposed facilities.

     Reliability and Safety:

--Assessment of public safety factors associated with natural gas
facilities.

     Alternatives:

--Assessment of alternative routes and systems to reduce or avoid
environmental impacts.
--Assessment of alternative compressor station sites.

     Cumulative Impacts:

--Assessment of the effect of the proposed project when combined with
other projects that have been proposed in the same region and similar
time frame.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about FGT's Phase VIII Expansion Project. Your
comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. The more specific your comments, the more useful they will be.
To ensure that your comments are timely and properly recorded, please
mail your comments so that they will be received in Washington, DC on
or before June 20, 2008, and carefully follow these instructions:
     Send an original and two copies of your letter to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of Gas
Branch 1, DG2E; and
     Reference Docket No. PF08-14-000 on the original and both
copies.
    The public scoping meetings between June 3 and June 11, 2008, are
designed to provide another opportunity to offer comments on the
proposed project. Interested groups and individuals are encouraged to
attend these meetings and to present comments on the environmental
issues they believe should be addressed in the EIS. Transcripts of the
meetings will be made so that your comments will be accurately
recorded. In addition, we have asked FGT to be available with project
location maps to answer landowner comments from 5:30 p.m. to the start
of the meeting at the respective locations.
    The Commission encourages electronic filing of comments. See 18
Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on
the Commission's Internet Web site at http://www.ferc.gov under the
link to ``Documents and Filings'' and ``eFiling.'' eFiling is a file
attachment process and requires that you prepare your submission in the
same manner as you would if filing on paper, and save it to a file on
your hard drive. New eFiling users must first create an account by
clicking on ``Sign up'' or ``eRegister.'' You will be asked to select
the type of filing you are making. This filing is considered a
``Comment on Filing.'' In addition, there is a ``Quick Comment'' option
available, which is an easy method for interested persons to submit
text-only comments on a project. The Quick-Comment User Guide can be
viewed at http://www.ferc.gov/docs-filing/efiling/quick-comment-
guide.pdf. Quick Comment does not require a FERC eRegistration account;
however, you will be asked to provide a valid e-mail address. All
comments submitted under either eFiling or the Quick Comment option are
placed in the public record for the specified docket or project
number(s). We will include all comments that we receive within a
reasonable time frame in our environmental analysis of the project.
    Once FGT formally files its application with the Commission, you
may want to become an official party to the proceeding known as an
``intervenor.'' Intervenors play a more formal role in the process and
are able to file briefs, appear at hearings, and be heard by the courts
if they choose to appeal the Commission's final ruling. An intervenor
formally participates in a Commission proceeding by filing a request to
intervene. Instructions for becoming an intervenor are included in the
User's Guide under the ``eFiling'' link on the Commission's Web site.
Please note that you may not request intervenor status at this time.
You must wait until a formal application is filed with the Commission.
You do not need intervenor status to have your environmental comments
considered.

Environmental Mailing List

    If you want to remain on our mailing list and receive future
mailings, please return the ``Remain on Mailing List Form'' included in
Appendix 2. If you do not return this form, you will be removed from
the Commission's environmental mailing list.

Availability of Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs at 1-866-208 FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary''
link. Click on the eLibrary link, click on ``General Search,'' and
enter the docket number excluding the last three digits in the ``Docket
Number'' field (i.e., PF08-14). Be sure you have selected an
appropriate date range. For assistance with eLibrary, please contact
FERC Online Support at<EMAIL_ADDRESS>or toll free at 1-
866-208-3676, or for TTY, contact<PHONE_NUMBER>. The eLibrary link on
the FERC Internet Website also provides access to the texts of formal
documents issued by the Commission, such as orders, notices, and rule
makings.

    In addition, the FERC now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/
esubscribenow.htm.
    Public meetings or site visits will be posted on the Commission's
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
along with other related information.
    Finally, FGT has established an Internet Web site for its project
at http://www.panhandleenergy.com/FGT/PhaseVIII/. The Web site includes
a description of the project and links to related documents.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-11695 Filed 5-23-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39804-39806]
[FR Doc No: 2018-17122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83782; File No. SR-CBOE-2018-053]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to the Silexx Trading Platform Fees Schedule

August 6, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 31, 2018, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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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

    The purpose of this filing is to amend the Silexx Fees Schedule to
introduce a waiver of Login ID fees for the first month for new users
of any of the Silexx platforms and eliminate obsolete language.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend the Silexx Fees Schedule to
introduce a waiver of Login ID fees for the first month for new users
of any of the Silexx platforms and eliminate obsolete language.
    By way of background, Silexx is an order entry and management
trading platform for listed stocks and options that support both simple
and complex orders.\3\ The platform is a software application that is
installed locally on a user's desktop. It provides users with the
capability to send option orders to U.S. options exchanges and stock
orders to U.S. stock exchanges (and other trading centers), and allows
users to input parameters to control the size, timing, and other
variables of their trades. Silexx includes access to real-time options
and stock market data, as well as access to certain historical data.
The platform also provides users with the ability to maintain an
electronic audit trail and provide detailed trade reporting. In
addition, Silexx offers other functionality such as access to crossing
orders tickets, equity order reports, and market data feeds (for
specific fees). Use of Silexx is completely optional.
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    \3\ The platform also permits users to submit orders for
commodity futures, commodity options and other non-security products
to be sent to designated contract markets, futures commission
merchants, introducing brokers or other applicable destinations of
the users' choice.
---------------------------------------------------------------------------

Login IDs
    Platform Login IDs may be purchased for different versions of the
platform, including Basic, Pro, Sell-Side, Pro Plus

Risk, and Buy-Side Manager. The Exchange now proposes to provide that
Login ID fees are waived for the first month for any new user firm
(i.e., a firm that has never used any Silexx platform before).\4\ The
proposed fee waivers apply during the calendar month in which Login IDs
are first subscribed.\5\
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    \4\ For example, if a new firm subscribes to 3 Basic Login IDs
and 4 Pro Login IDs in August 2018, all 7 Login IDs will be waived
for the month of August 2018. All other applicable Silexx fees would
apply.
    \5\ For example, if a new firm subscribes to a Silexx Login ID
on August 15th, the firm's Login ID fee would be waived for the
month of August 2018 only.
---------------------------------------------------------------------------

Clean Up Change
    The Exchange recently introduced a two-month free-upgrade period
for users that are currently on Silexx Basic. The upgrade allowed users
of Silexx Basic to use the functionality of Silexx Pro for a period of
two months (May 1, 2018 through June 30, 2018) at the current Silexx
Basic rate of $200 per month per Login ID. After the two-month period
ends, beginning July 1, 2018, the users were to be charged at the
Silexx Pro rate of $400 per month until they choose to downgrade. As
the free-upgrade period has since ended, the Exchange proposes to
delete the obsolete language and eliminate the reference in the Silexx
Fees Schedule
    These proposed changes to the Silexx Fees Schedule are to take
effect on August 1, 2018.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange be
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. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\8\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Particularly, the Exchange believes the proposed fee waiver
provides for the equitable allocation of reasonable fees because the
waiver of Platform Login ID fees for the first month will apply to all
new users of new firms, regardless of which version of the platform
they subscribe to. Additionally, the Exchange believes the proposed fee
waiver is reasonable because new user firms will not have to pay those
fees and because it serves as an incentive to market participants to
start using the Silexx platform as an additional trading tool on their
trading desks. The Exchange also notes that use of the platform is
discretionary and not compulsory.
    Lastly, the Exchange believes eliminating obsolete language
maintains clarity in the Silexx Fees Schedule and alleviates potential
confusion, thereby removing impediments to and perfecting the mechanism
of a free and open market and a national market system, and, in
general, protecting investors and the public interest.

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

    Cboe Options does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed rule change will not impose any burden on intramarket
competition because the proposed rule change applies to all new user
firms of Silexx. The Exchange notes that each version of Silexx is
available to all market participants, and users have discretion to
determine which version of the platform they register for based on
functionality.
    The Exchange does not believe that the proposed rule changes will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed change applies only to Cboe Options. To the extent that the
proposed changes make Cboe Options a more attractive marketplace for
market participants at other exchanges, such market participants are
welcome to become Cboe Options market participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2018-053 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-CBOE-2018-053. 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 the Exchange. 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. All submissions should refer to File Number SR-CBOE-2018-
053 and should be submitted on or before August 31, 2018.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17122 Filed 8-9-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60499]
[DOCID:fr13oc06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR06-22-000]

Kinder Morgan Border Pipeline, L.P.; Notice of Petition for Rate
Approval

October 6, 2006.
    Take notice that on September 29, 2006, Kinder Morgan Border
Pipeline, L.P. (KM Border) filed a petition for rate approval for NGPA
Section 311 maximum transportation rates, pursuant to Section
284.123(b)(2) of the Commission's regulations.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time October 27, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16964 Filed 10-12-06; 8:45 am]

BILLING CODE 6717-01-P


PERSONAL COMMUNICATION  PHONE CALL & FOLLOW UP EMAIL TO: Yvonne DeReynier FROM: Amy Gage, Stratus Consulting Inc. DATE: 11/ 19/ 2002 RE: Fishing mortality rates for northern California Asked or fishing mortality rates for species groups. Ms. DeReynier was able to give me rates for 4 groups. See attached e mail for the numbers.


[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]
[Page 383-384]
[DOCID:fr05ja10-75]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0119]

Canned Pacific Salmon Deviating From Identity Standard; Extension
of Temporary Permit for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
extension of a temporary permit issued to Yardarm Knot Fisheries, LLC,
to market test products designated as ``skinless and boneless sockeye
salmon'' that deviate from the U.S. standard of identity for canned
Pacific salmon. The extension will allow the permit holder to continue
to collect data on consumer acceptance of the product while the agency
takes action on a petition to amend the standard of identity for canned
Pacific salmon that was submitted by Yardarm Knot Fisheries, LLC.

DATES: The new expiration date of the permit will be either the
effective date of a final rule to amend the standard of

identity for canned Pacific salmon that may result from the petition or
30 days after denial of the petition, whichever the case may be.

FOR FURTHER INFORMATION CONTACT: Catalina Ferr[eacute]-Hockensmith,
Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301-
436-2371.

SUPPLEMENTARY INFORMATION: In accordance with Sec.  130.17 (21 CFR
130.17), FDA issued a temporary permit to Yardarm Knot Fisheries, LLC,
3600 15th Avenue West, Suite 300, Seattle, Washington 98119, to market
test canned Pacific salmon that deviates from the U.S. standard of
identity for canned Pacific salmon (Sec.  161.170 (21 CFR 161.170)) (73
FR 12180, March 6, 2008). The agency issued the permit to facilitate
market testing of a food deviating from the requirements of the
standards of identity issued under section 401 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 341).
    The permit covers limited interstate marketing tests of a product
identified as Yardarm Knot ``Skinless and Boneless Sockeye Salmon.''
This canned salmon product may deviate from the U.S. standard of
identity for canned Pacific salmon (Sec.  161.170) in that the product
is prepared by removing the skin and bones of the salmon used.
Therefore, in addition to the optional forms of pack provided in Sec.
161.170(a)(3), this temporary marketing permit provides for an
alternative ``skinless and boneless'' form of pack. The test product
meets all the requirements of the standard with the exception of the
``skinless and boneless'' form of pack.
    On April 9, 2009, Yardarm Knot Fisheries, LLC, requested that its
temporary marketing permit be extended to allow for additional time for
the market testing of its test product and indicated that it had moved
its corporate office to the address stated below. The petitioner has
also submitted a petition requesting that FDA amend the standard of
identity for canned Pacific salmon.
    The agency finds that it is in the interest of consumers to issue
an extension of the time period for the market testing of the product
identified in the original permit (73 FR 12180, March 6, 2008). FDA is
inviting interested persons to participate in the market test under the
conditions that apply to Yardarm Knot Fisheries, LLC, except that the
designated area of distribution shall not apply. Any person who wishes
to participate in the extended market test must notify, in writing, the
Supervisor, Product Evaluation and Labeling Team, Food Labeling and
Standards Staff, Office of Nutrition, Labeling and Dietary Supplements,
Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. The
notification must include a description of the test product to be
distributed, a justification statement for the amount requested, the
area of distribution, and the labeling that will be used for the test
product (i.e., a draft label for each size of container and each brand
of product to be market tested). The information panel of the label
must bear nutrition labeling in accordance with 21 CFR 101.9. Each of
the ingredients used in the food must be declared on the label as
required by applicable sections of 21 CFR part 101.
    Therefore, under the provisions of Sec.  130.17(i), FDA is
extending the temporary permit granted to Yardarm Knot Fisheries, LLC,
2440 West Commodore Way, Suite 200, Seattle, Washington 98199 to
provide for continued marketing tests of not more than 1.35 million
pounds (or 612 thousand kilograms in weight) annually of the canned
Pacific salmon identified in this notice. FDA is extending the
expiration date of the permit so that the permit expires either on the
effective date of a final rule to amend the standard of identity for
canned Pacific salmon that may result from the petition or 30 days
after denial of the petition. All other conditions and terms of this
permit remain the same.

    Dated: December 16, 2009.
Barbara Schneeman,
Director, Office of Nutrition, Labeling and Dietary Supplements, Center
for Food Safety and Applied Nutrition.
[FR Doc. E9-31196 Filed 1-4-10; 8:45 am]

BILLING CODE 4160-01-S