[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Page 58191]
[FR Doc No: 2017-26652]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-43-000]

Notice of Petition for Declaratory Order; Alabama Power Company,
Georgia Power Company, Gulf Power Company, Mississippi Power Company

    Take notice that on November 28, 2017, pursuant to Rule 207 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.207, Southern Company Services, Inc., acting
as agent for Alabama Power Company, Georgia Power Company, Gulf Power
Company, and Mississippi Power Company (collectively, Southern
Companies), filed a petition for declaratory order and request to hold
proceedings in abeyance. The filing seeks clarification regarding
whether Southern Companies' Open Access Transmission Tariff provides
the flexibility to allow for a ratemaking adjustment so as to avoid a
potential violation of normalization requirements, and the filing is
made contingent upon, and requests that this proceeding be held in
abeyance pending the receipt of, a Private Letter Ruling being sought
from the Internal Revenue Service regarding the potential normalization
violation.
    Any person desiring to intervene or to protest in this proceeding
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) on or
before 5:00 p.m. Eastern time on the specified comment date. 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 comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioners.
    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 proceeding are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email [email protected], or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on December 28, 2017.

    Dated: December 5, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-26652 Filed 12-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24403-24405]
[FR Doc No: 2023-08319]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2391-053, Project No. 2425-057, Project No. 2509-051]

PE Hydro Generation, LLC; Notice of Scoping Meetings and
Environmental Site Reviews and Soliciting Scoping Comments

    Take notice that the following hydroelectric applications have been
filed with the Commission and is available for public inspection.
    a. Type of Applications: Subsequent Minor, New Major License,
Subsequent Minor.
    b. Project Nos.: P-2391-053, P-2425-057, and P-2509-051.
    c. Date Filed: January 3, 2022.
    d. Applicant: PE Hydro Generation, LLC.
    e. Names of Projects: Warren Hydroelectric Project, Luray and
Newport Hydroelectric Project, and Shenandoah Hydroelectric Project.
    f. Locations: The Warren Project is on the Shenandoah River near
the Town of Front Royal in Warren County, Virginia. The two-development
Luray and Newport Project is located on the South Fork of the
Shenandoah River near the Towns of Luray (Luray Development) and
Newport (Newport Development) in Page County, Virginia. The Shenandoah
Project is located on the South Fork of the Shenandoah River near the
Town of Shenandoah in Page and Rockingham, Counties, Virginia. The
projects do not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ms. Jody Smet, Vice President, Regulatory
Affairs, PE Hydro Generation, LLC, 7315 Wisconsin Ave., Suite 1100W,
Bethesda, MD 20814; Phone at<PHONE_NUMBER> or email at
[email protected].
    i. FERC Contact: Kristine Sillett at<PHONE_NUMBER>; or email at
[email protected].
    j. Deadline for filing scoping comments: June 12, 2023.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx.

You must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). 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,
MD 20852. All filings must clearly identify the following on the first
page: Warren Project No. 2391-053, and/or Luray and Newport Project No.
2425-057, and/or the Shenandoah Project No. 2509-051.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The applications are not ready for environmental analysis at
this time.
    l. Project Descriptions: The Warren Project consists of: (1) a
15.3-foot-high, 527-foot-long, reinforced concrete dam; (2) a 105-acre
impoundment with a storage capacity of 900 acre-feet; (3) a 44-foot-
wide headgate structure with four 4.5-foot by 8-foot gates; (4) a 350-
foot-long headrace canal; (5) an 82-foot-long, 30-foot-wide powerhouse
containing 3 Francis turbine/generating units with a total installed
capacity of 750 kW; (6) 360-foot-long, 2.4-kilovolt (kV) project
generator lines; (7) a substation containing a 3-phase, 2.4/34.5-kV
transformer where interconnection with the grid occurs; and (8) other
appurtenances. The project creates an approximately 550-foot-long
bypassed reach of the Shenandoah River.
    The Luray Development of the two-development Luray and Newport
Project, on the South Fork of the Shenandoah River, consists of: (1) a
21.9-foot-high, 530-foot-long reinforced concrete dam; (2) a 126-acre
impoundment with a storage capacity of 880 acre-feet; (3) a 100-foot-
long, 27.5-foot-wide powerhouse, adjacent to the south end of the dam,
containing three Francis turbine/generating units having a total
installed capacity of 1,600 kW; (4) 35-foot-long, 2.4-kilovolt (kV)
project generator lines; (5) a substation containing a 3-phase, 2.4/
34.5-kV transformer where interconnection with the grid occurs; and (6)
other appurtenances.
    The Newport Development of the Luray and Newport Project consists
of: (1) a 28.8-foot-high, 443-foot-long reinforced concrete dam; (2) a
103-acre impoundment with a storage capacity of 1,090 acre-feet; (3) a
73.5-foot-long, 21.2-foot-wide powerhouse adjacent to the north end of
the dam, with three Francis turbine/generating units with a total
installed capacity of 1,400 kW; (4) 150-foot-long, 2.4-kilovolt (kV)
project generator lines; (5) a substation containing a 3-phase, 2.4/
34.5-kV transformer where interconnection with the grid occurs; and (5)
other appurtenances.
    The Shenandoah Project consists of: (1) a 15-foot-high, 495-foot-
long reinforced concrete dam; (2) a 30-acre impoundment with a storage
capacity of 190 acre feet; (3) a 91-foot-long, 38-foot-wide powerhouse
adjacent to the north end of the dam, with four generating units having
a total installed capacity of 862 kW; (4) 180-foot-long, 2.4-kilovolt
(kV) project generator lines; (5) a substation containing a 3-phase,
2.4/34.5-kV transformer where interconnection with the grid occurs; and
(6) other appurtenances.
    As required by their licenses, the Warren, Luray and Newport, and
Shenandoah Projects all currently operate in run-of-river mode, or
inflow, whichever is less, at all times. Run-of-river flow allowing, PE
Hydro maintains each reservoir surface at an elevation at least 1.0
inches above the spillway crest, thus providing a 1-inch veil flow over
each dam. When flows are in excess of the flow required to maintain the
1-inch veil flow, PE Hydro typically commences generation using the
available flows. When flows exceed the combined capacity of the
projects' turbines, excess flows are passed over the spillway dam. To
enhance downstream eel passage, PE Hydro provides nightly shutdowns of
the projects' generating facilities from September 15 through December
15.
    PE Hydro proposes to continue to operate the Warren, Luray and
Newport, and Shenandoah Projects with the following environmental
measures: (1) maintain run-of-river operation at the projects; (2)
continue to provide a minimum 1-inch veil flow of water over each dam,
or inflow to the project reservoirs, whichever is less; (3) develop a
downstream operations eel passage plan for each project within one year
of license issuance; (4) continue night-time shutdowns at the projects
from September 15 through December 15 to protect eels migrating
downstream until the implementation of a downstream operations eel
passage plan; (5) conduct a radio telemetry study for eels migrating
upstream at the Warren Project and Luray Development; (6) develop an
upstream eel passage plan for each project within six months of license
issuance based on the results of the radio telemetry study; (7)
continue to maintain the canoe portage trail, including the take-out
and put-in areas at the Warren Project; (8) continue to maintain the
Luray Development Tailwater Fishing Pier, including the parking area,
fishing pier, and gravel path; (9) continue to maintain the canoe
portage trail, including the take-out and put-in areas at the Newport
Development; (10) continue to maintain the canoe portage trail,
including the take-out and put-in areas at the Shenandoah Project; and
(11) continue to implement the existing Commission-approved Cultural
Resources Management Plan for the projects.
    m. Copies of the applications can be viewed on the Commission's
website at https://www.ferc.gov using the ``eLibrary'' link. Enter the
project's docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support.
    You may also register at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, please
contact FERC Online Support at [email protected].
    n. Scoping Process
    Pursuant to the National Environmental Policy Act (NEPA),
Commission staff intends to prepare either an environmental assessment
(EA) or an environmental impact statement (EIS) (collectively referred
to as the ``NEPA document'') that describes and evaluates the probable
effects, including an assessment of the site-specific and cumulative
effects, if any, of the proposed action and alternatives. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission issues an EA or an EIS.

Scoping Meetings

    Commission staff will hold two scoping meetings for the projects to
receive input on the scope of the NEPA document. An evening meeting
will be held at 7:00 p.m. on May 16, 2023, at the Mimslyn Inn in Luray,
Virginia, and will focus on receiving input from the

public. A daytime meeting will be held at 10:00 a.m. on May 17, 2023,
at the same location, and will focus on the concerns of resource
agencies, non-governmental organizations (NGOs), and Native American
tribes. We invite all interested agencies, Indian Tribes, non-
governmental organizations, and individuals to attend one or both of
these meetings. The times and locations of these meetings are as
follows:

Evening Scoping Meeting

    Date: Tuesday, May 16, 2023.
    Time: 7:00 p.m. (EDT).
    Place: Mimslyn Inn (Blue Ridge Room).
    Address: 401 W Main St., Luray, VA 22835.

Daytime Scoping Meeting

    Date: Wednesday, May 17, 2023.
    Time: 10:00 a.m. (EDT).
    Place: Mimslyn Inn (Blue Ridge Room).
    Address: 401 W Main St., Luray, VA 22835.
    Copies of the Scoping Document (SD1) outlining the subject areas to
be addressed in the NEPA document were distributed to the parties on
the Commission's mailing list. Copies of the SD1 will be available at
the scoping meeting or may be viewed on the web at http://www.ferc.gov
using the ``eLibrary'' link (see item m above).

Environmental Site Reviews

    The applicant and Commission staff will conduct environmental site
reviews of the projects. All interested individuals, agencies, tribes,
and NGOs are invited to attend. All participants are responsible for
their own transportation to the sites and during the site visits.
Please RSVP via email to [email protected] or notify Joyce
Foster at<PHONE_NUMBER> on or before May 9, 2023, if you plan to attend
the environmental site reviews. The times and locations of the
environmental site reviews are as follows:

Luray and Newport, and Shenandoah Hydroelectric Projects

    Date: Tuesday, May 16, 2023.
    Time: 9:30 a.m. (EDT).
    Place: Luray and Newport Hydroelectric Project: Luray Development.
    Address: 650 Power Dam Road, Luray, VA 22835.
    Participants will meet in the Luray Development parking lot; after
the site visit for the Luray Development, we will travel to the Newport
Development, located off U.S. Highway 340 near the intersection of U.S.
Highway Business 340 and U.S. Highway 340. After the site visit for the
Luray and Newport Project, we will travel to the Shenandoah
Hydroelectric Project, located at 575 Long Avenue, Shenandoah, VA
22849.

Warren Hydroelectric Project

    Date: Wednesday, May 17, 2023.
    Time: 1:30 p.m. (EDT).
    Place: Warren Hydroelectric Project.
    Address: 106 Bennys Beach Road, Front Royal, VA 22630.
    All persons attending the environmental site reviews must adhere to
the following requirements: (1) all persons must wear sturdy, closed-
toe shoes or boots; (2) persons with open-toed shoes/sandals/flip
flops/high heels, etc. will not be allowed on the environmental site
reviews; (3) persons must be 18 years or older; (4) no photography will
be allowed inside the powerhouses; (5) no weapons are allowed on-site;
(6) no alcohol/drugs are allowed on-site (or persons exhibiting the
effects thereof); and (7) no animals (except for service animals) are
allowed on the environmental site reviews.

Objectives

    At the scoping meetings, Commission staff will: (1) summarize the
environmental issues tentatively identified for analysis in the NEPA
document; (2) solicit from the meeting participants all available
information, especially quantifiable data, on the resources at issue;
(3) encourage statements from experts and the public on issues that
should be analyzed in the NEPA document, including viewpoints in
opposition to, or in support of, the staff's preliminary views; (4)
determine the resource issues to be addressed in the NEPA document; and
(5) identify those issues that require a detailed analysis, as well as
those issues that do not require a detailed analysis.

Procedures

    The meetings are recorded by a stenographer and become part of the
formal record of the Commission proceeding on the project. Individuals,
NGOs, Native American tribes, and agencies with environmental expertise
and concerns are encouraged to attend the meeting and to assist the
staff in defining and clarifying the issues to be addressed in the NEPA
document.

    Dated: April 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08319 Filed 4-19-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56905-56907]
[FR Doc No: 2018-24852]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0002]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 11
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on September 6, 2018. The
exemptions expire on September 6, 2020. Comments must be received on or
before December 14, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0002 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2016-0002), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2016-0002, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2016-0002, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to driver a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    49 CFR 391.41(b)(11) was adopted in 1970, with a revision in 1971
to allow drivers to be qualified under this standard while wearing a
hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3,
1971).
    The 11 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in 49 CFR 391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 11
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 11 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System (CDLIS) and the Motor Carrier Management Information
System (MCMIS) are searched for crash and violation data. For non-CDL
holders, the Agency reviews the driving records from the State Driver's
Licensing Agency (SDLA). These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each of these drivers for a period of two years is likely
to achieve a level of safety equal to that existing without the
exemption.
    As of September 6, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 11 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers.

Pricilla Brackenridge, (IL)
David Chappelear, (TX)
Mathias Conway, MI)
Gary Cordano, (NV)
Samuel Fennell, (OH)
Richard Hoots, (AR)
Renaldo Martinez, (TX)
Katrina Parker, (NJ)
D'Neille Smith, (OH)
Michael Smith, (CO)
Mixhael, Sweet, (GA)
    The drivers were included in docket number FMCSA-2016-0002. Their
exemptions are applicable as of September 6, 2018, and will expire on
September 6, 2020.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in 49
CFR 390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA;
and (3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing

requirements. Each exemption will be valid for two years unless
rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The
person fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted in a lower level of safety than was
maintained before it was granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 11 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in 49 CFR 391.41 (b)(11). In accordance with 49 U.S.C.
31136(e) and 31315, each exemption will be valid for two years unless
revoked earlier by FMCSA.

    Issued on: November 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-24852 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51628-51630]
[DOCID:fr07oc09-105]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60756; File No. SR-NYSE-2009-100]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Extending the Operation of Its New Market Model Pilot and Supplemental
Liquidity Providers Pilot, Until the Earlier of Securities and Exchange
Commission Approval to Make Such Pilots Permanent or November 30, 2009

October 1, 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 September 30, 2009, New York Stock Exchange LLC
(``NYSE'' 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to extend the operation of its New Market
Model Pilot and Supplemental Liquidity Providers Pilot, until the
earlier of Securities and Exchange Commission approval to make such
pilots permanent or November 30, 2009. The text of the proposed rule
change is available at the Exchange, the Commission's Public Reference
Room, and http://www.nyse.com.

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 proposes to extend the operation of its New Market
Model Pilot \4\ (``NMM Pilot'') and Supplemental Liquidity Providers
Pilot \5\ (``SLP Pilot'') approved by the Securities and Exchange
Commission (``SEC'' or ``Commission'') to operate until October 1,
2009, until the earlier of Securities and Exchange Commission approval
to make such pilots permanent or November 30, 2009.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 58845 (October 24,
2008), 73 FR 64379 (October 29, 2008) (SR-NYSE-2008-46).
    \5\ See Securities Exchange Act Release No. 58877 (October 29,
2008), 73 FR 65904 (November 5, 2008) (SR-NYSE-2008-108)
(establishing the SLP Pilot). See also Securities Exchange Act
Release No. 59869 (May 6, 2009), 74 FR 22796 (May 14, 2009) (SR-
NYSE-2009-46) (extending the operation of the SLP Pilot to October
1, 2009).
---------------------------------------------------------------------------

    The Exchange notes that parallel changes are proposed to be made to
the rules of the NYSE Amex LLC.\6\
---------------------------------------------------------------------------

    \6\ See SR-NYSE Amex-2009-65.
---------------------------------------------------------------------------

Background \7\
---------------------------------------------------------------------------

    \7\ The information contained herein is a summary of the NMM
Pilot and the SLP Pilot, for a fuller description of those pilots
see supra notes 4 and 5.
---------------------------------------------------------------------------

    In October 2008, the NYSE implemented significant changes to its
market rules, execution technology and the rights and obligations of
its market participants all of which were designed to improve execution
quality on the Exchange. These changes are all elements of the
Exchange's enhanced market model. These changes were implemented
through pilots.
    As part of the NMM Pilot, NYSE eliminated the function of
specialists on the Exchange creating a new category of market
participant, the Designated Market Maker or DMM.\8\ The DMMs, like
specialists, have affirmative obligations to make an orderly market,
including continuous quoting requirements and obligations to re-enter
the market when reaching across to execute against trading interest.
Unlike specialists, DMMs have a minimum quoting requirement \9\ in
their assigned securities and no longer have a negative obligation.
DMMs are also no longer agents for public customer orders.\10\
---------------------------------------------------------------------------

    \8\ See NYSE Rule 103.
    \9\ See NYSE Rules 104.
    \10\ See NYSE Rule 60; see also NYSE Rules 104 and 1000.
---------------------------------------------------------------------------

    In addition, the Exchange implemented a system change that allowed
DMMs to create a schedule of additional non-displayed liquidity at
various price points where the DMM is willing to interact with interest
and provide price improvement to orders in the Exchange's system. This
schedule is known as the DMM Capital Commitment Schedule (``CCS'').\11\
CCS provides the Display Book [supreg] \12\ with the amount of shares
that the DMM is willing to trade at price points outside, at and inside
the Exchange BBO. CCS interest is separate and distinct from other DMM
interest in that it serves as the interest of last resort.
---------------------------------------------------------------------------

    \11\ See NYSE Rule 1000.
    \12\ The Display Book[supreg] system is an order management and
execution facility. The Display Book system receives and displays
orders to the DMMs, contains the order information, and provides a
mechanism to execute and report transactions and publish the results
to the Consolidated Tape. The Display Book system is connected to a
number of other Exchange systems for the purposes of comparison,
surveillance, and reporting information to customers and other
market data and national market systems.
---------------------------------------------------------------------------

    The NMM Pilot further modified the logic for allocating executed
shares among market participants having trading interest at a price
point upon execution of incoming orders. The modified logic rewards
displayed orders that establish the Exchange's best bid or Exchange's
best offer. During the operation of the NMM Pilot orders or portions
thereof that establish priority \13\ retain that priority until the
portion of the order that established priority is exhausted. Where no
one order has established priority, shares are distributed among all
market participants on parity.
---------------------------------------------------------------------------

    \13\ See NYSE Rule 72(a)(ii).
---------------------------------------------------------------------------

    Separately, the NYSE established a pilot of SLPs. Through the
operation of the SLP Pilot, NYSE also established SLPs as a new class
of market participants to supplement the liquidity provided by
DMMs.\14\ Unlike DMMs, SLPs do not have affirmative obligations; may
only enter orders electronically from off the Floor of the Exchange,
and may only enter such orders directly into Exchange systems and
facilities designated for this purpose. Similar to DMMs, SLPs have
quoting requirements,\15\ may only enter orders for their proprietary
account of the SLP member organization and may not handle orders from
public customers or otherwise act on an agency basis in their capacity
as an SLP.
---------------------------------------------------------------------------

    \14\ See NYSE Rule 107B.
    \15\ See NYSE Rule 107B Section (f) and NYSE Rule 107B Section
(i)(1)(C)(iii).
---------------------------------------------------------------------------

    A member organization that acts as an SLP is not permitted to act
as a DMM on the Floor of the Exchange in the same security. Thus, a
member organization that acts as a DMM on the Floor may not also act as
an SLP in those securities registered to the DMM unit.
    The NMM Pilot and the SLP Pilot are scheduled to end operation on
October 1, 2009 or such earlier time as the Commission may determine to
make the rules permanent. The Exchange is currently preparing a rule
filing seeking permission to make the above described changes permanent
but does not expect that filing to be completed and approved by the
Commission before October 1, 2009.
Proposal To Extend the Operation of the NMM Pilot and SLP Pilot
    The NYSE established both the NMM Pilot and the SLP Pilot to
provide incentives for quoting, to enhance competition among the
existing group of liquidity providers and add new competitive market
participants. The Exchange believes that both the NMM Pilot and the SLP
Pilot allow the Exchange to provide its market participants with a
trading venue that utilizes an enhanced market structure to encourage
the addition of liquidity, facilitate the trading of larger orders more
efficiently and operates to reward aggressive liquidity providers. As
such, the Exchange believes that the rules governing the NMM Pilot and
the SLP Pilot should be made permanent. Through this filing the
Exchange seeks to extend the current operation of the NMM Pilot and the
SLP Pilot until November 30, 2009, in order to allow the Exchange to
formally submit a filing to the Commission to convert the pilot rules
to permanent rules.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
for this proposed rule change is the requirement under Section 6(b)(5)
that an Exchange have rules that are designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest. The Exchange
believes that the instant filing is consistent with these principles
because the NMM Pilot and the SLP Pilot provide its market participants
with a trading venue that utilizes an enhanced market structure to
encourage the addition of liquidity, facilitate the trading of larger
orders more efficiently and operates to reward aggressive liquidity
providers. Moreover, the instant filing requesting an extension of each
individual Pilot will permit adequate time for: (i) The Exchange to
prepare and submit a filing to make the rules governing the NMM Pilot
and the SLP Pilot permanent; (ii) public notice and comment; and (iii)

completion of the 19b-4 approval process.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \16\ and Rule 19b-4(f)(6) thereunder.\17\
Because the 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 prior to
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 and Rule 19b-
4(f)(6)(iii) thereunder.\18\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Commission notes that because the pilot programs will expire on
October 1, 2009, waiver of the operative delay is necessary so that no
interruption of the pilot programs will occur. In addition, the
Commission notes that the Exchange has requested extensions of the
pilots to allow the Exchange time to formally request permanent
approval for the pilots. Therefore, the Commission designates the
proposal operative upon filing.\21\
---------------------------------------------------------------------------

    \21\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission 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-NYSE-2009-100 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-NYSE-2009-100. 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-
NYSE-2009-100 and should be submitted on or before October 28, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24083 Filed 10-6-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Proposed Rules]
[Pages 28036-28039]
[FR Doc No: 2017-12853]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0016]
RIN 1625-AA87

Security Zone; Presidential Security Zone, Palm Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a security zone that
encompasses certain waters of the Lake Worth Lagoon, the Intracoastal
Waterway, and the Atlantic Ocean in the vicinity of the Mar-a-Lago Club
and the Southern Boulevard Bridge in Palm Beach, Florida (FL). This
proposed rule would be enforced during visits by the President of the
United States, members of the First Family, or other persons under the
protection of the Secret Service. This action is necessary to protect
the official party, the public, and the surrounding waterway from
terrorist acts, sabotage or other subversive acts, accidents, or other
causes of a similar nature. Entering, transiting through, anchoring in,
or remaining within this security zone while it is being enforced would
be prohibited unless authorized by the Captain of the Port (COTP) Miami

or a designated representative. We invite your comments on this
proposed rule.

DATES: Comments and related material must be received by the Coast
Guard on or before July 20, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0016 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email, Petty Officer Mara Brown, Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
FL Florida
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The United States Coast Guard is establishing a security zone in
the vicinity of the Mar-a-Lago Club in Palm Beach, FL. This security
zone would be enforced whenever the President of the United States,
members of the First Family or other persons under the protection of
the Secret Service are present or expected to be present. The security
zone is necessary to protect the official party, the public, and the
surrounding waterway from terrorist acts, sabotage or other subversive
acts, accidents, or other causes of a similar nature.
    The Coast Guard previously established a temporary security zone to
cover separate visits by the President of the United States to Mar-a-
Lago, Palm Beach, FL in February (under docket numbers USCG-2017-0072,
USCG-2017-0088, and USCG-2017-0107), and in March (under docket number
USCG-2017-0145). In addition, the Coast Guard issued a temporary
security zone (published in the Federal Register on March 28, 2017, see
82 FR 58) to cover the President's visits to the Mar-a-Lago Club
starting March 17, 2017, through May 29, 2017. Due to the short notice
given to the Coast Guard prior to these visits, the security zones were
established without notice and without allowing for public comment,
pursuant to 5 U.S.C. 553(b)(B).
    The purpose of this NPRM is to allow the public an opportunity to
comment, while ensuring the security of vessels and the navigable
waters during visits by the President, the First Family, and other
persons under the protection of the Secret Service to the Mar-a-Lago
Club. We are seeking to establish this security zone before Fall 2017
when the President is expected to make visits to the Mar-a-Lago Club.
The Coast Guard proposes this rulemaking under authority in 33 U.S.C.
1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a security zone that
encompasses certain waters of the Lake Worth Lagoon, the Intracoastal
Waterway, and the Atlantic Ocean in the vicinity of the Mar-a-Lago Club
and the Southern Boulevard Bridge in Palm Beach, FL. The security zone
established for the specific security event will consist of one or more
of the zones categorized below.
    (1) The center zone would consist of waters of Lake Worth Lagoon
from the southern tip of Everglades Island to approximately 1000 yards
south of the Southern Boulevard Bridge and the eastern shoreline out to
Fisherman Island. No vessel or person would be permitted to enter into,
transit in, anchor within, or remain within the center zone without
obtaining permission from the Coast Guard or a designated
representative.
    (2) The west zone would consist of waters of Lake Worth Lagoon
including the Intracoastal Waterway from the southern tip of Everglades
Island to approximately 1000 yards south of the Southern Boulevard
Bridge and from the western shoreline to Fisherman Island. All vessels
transiting the west zone would be required to await escort through the
zone by on-scene designated representatives, maintain a steady speed,
and would not be allowed to slow down or stop in the zone without
obtaining permission from the COTP Miami or a designated
representative.
    (3) The east zone would consist of waters of the Atlantic Ocean
from Banyan Road in the north to Ocean View Road in the south and from
shore to approximately 1000 yards east. All vessels transiting the east
zone would be required to maintain a steady speed and would not be
allowed to slow down or stop in the zone without obtaining permission
from the COTP Miami or a designated representative.
    The security zone would not be in effect all the time. Instead, the
COTP Miami will notify the maritime community that the security zone is
in effect, and in which locations, using Broadcast Notice to Mariners
(BNM) and on-scene designated representatives. Coast Guard patrol
assets will also be on scene with flashing blue lights energized when
the center, west, or east security zone is in effect.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive Orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs) directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory
Costs''' (February 2, 2017).
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The security zone is expected to be enforced
only when the President of the United States, members of the First
Family, or other persons

under the protection of the Secret Service are present or expected to
be present; (2) the center zone will impact only a small designated
area of the Intracoastal Waterway in Palm Beach, FL, and vessels may be
able to operate through the zone if granted permission to do so by the
COTP of Miami or a designated representative; (3) the west zone is
located in an area of the Intracoastal Waterway where vessel traffic is
low and where on average 152 vessels are expected to travel per day,
and vessels will be allowed to operate through the zone with an escort
from an on-scene designated representative; (4) vessels will still be
able to transit the east zone at a steady speed as long as they do not
slow down or stop except in the case of unforeseen mechanical or other
emergency; and (5) notification of the security zone will be made to
the local maritime community via Broadcast Notice to Mariners and by
on-scene designated representatives, when applicable. Larger vessels
may need to wait to pass under the Southern Blvd. Bridge, which has set
opening times pursuant to a separate existing regulation at 33 CFR
117.261(w). The bridge opens on the quarter-hour and three-quarter
hour, or as directed by the on-scene designated representative.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
security zones may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a security
zone lasting only a few days at a time that will prohibit entry within
certain waters of the Intracoastal Waterway and Atlantic Ocean in Palm
Beach, FL. Normally such actions are categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted

without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbor, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.785 to read as follows:

Sec.  165.785  Security Zone; Presidential Security Zone, Palm Beach,
FL.

    (a) Regulated areas. The following areas are security zones:
    (1) Center zone. All waters of Lake Worth Lagoon within the
following points: Beginning at Point 1 in position 26[deg]41'21'' N.,
80[deg]2'39'' W.; thence east to Point 2 in position 26[deg]41'21'' N.,
80[deg]2'13'' W.; thence south following the shoreline to Point 3 in
position 26[deg]39'58'' N., 80[deg]2'20'' W.; thence west to Point 4 in
position 26[deg]39'58'' N., 80[deg]2'38'' W., thence back to origin at
Point 1.
    (2) West zone. All waters of Lake Worth Lagoon within the following
points: Beginning at Point 1 in position 26[deg]41'21'' N.,
80[deg]2'39'' W.; thence west to Point 2 in position 26[deg]41'21'' N.,
80[deg]3'00'' W.; thence south following the shoreline to Point 3 in
position 26[deg]39'58'' N., 80[deg]2'55'' W.; thence east to Point 4 in
position 26[deg]39'58'' N., 80[deg]2'38'' W., thence back to origin at
Point 1.
    (3) East zone. All waters of the Atlantic Ocean within the
following points: Beginning at Point 1 in position 26[deg]41'21'' N.,
80[deg]2'01'' W.; thence south following the shoreline to Point 2 in
position 26[deg]39'57'' N., 80[deg]2'01'' W.; thence east to Point 3 in
position 26[deg]39'58'' N., 80[deg]1'02'' W.; thence north to Point 4
in position 26[deg]41'20'' N., 80[deg]1'02'' W., thence back to origin
at Point 1.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the security zone.
    (c) Regulations--(1) Center zone. All persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the security zone unless authorized by the Captain of
the Port Miami or a designated representative.
    (2) West zone. All persons and vessels are required to transit
through the security zone escorted by on-scene designated
representatives at a steady speed and may not slow down or stop except
in the case of unforeseen mechanical or other emergency. Any persons or
vessels forced to slow or stop in the zone shall immediately notify the
Captain of the Port Miami via VHF channel 16.
    (3) East zone. All persons and vessels are required to transit
through the security zone at a steady speed and may not slow down or
stop except in the case of unforeseen mechanical or other emergency.
Any persons or vessels forced to slow or stop in the zone shall
immediately notify the Captain of the Port via VHF channel 16.
    (4) Contacting Captain of the Port. Persons who must notify, or
request authorization from, the Captain of the Port Miami may do so by
telephone at<PHONE_NUMBER>, or may contact a designated representative
via VHF radio on channel 16. If authorization to enter, transit
through, anchor in, or remain within the security zone is granted by
the Captain of the Port Miami or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Miami or the designated
representative.
    (d) Enforcement period. This section will be enforced when the
President of the United States, members of the First Family, or other
persons under the protection of the Secret Service are present or
expected to be present at the Mar-a-Lago Club. The Coast Guard will
provide notice of the regulated area via Broadcast Notice to Mariners
or by on-scene designated representatives. Coast Guard patrol assets
will also be on-scene with flashing blue lights energized when the
center, west, or east security zone is in effect.

    Dated: June 6, 2017.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-12853 Filed 6-19-17; 8:45 am]
BILLING CODE 9110-04-P