[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Proposed Rules]
[Pages 15478-15480]
[FR Doc No: 2017-06187]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0123]
RIN 1625-AA00

Safety Zone, Tall Ships Charleston Parade Around the Harbor;
Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary moving
safety zone during the Tall Ships Charleston Parade Around the Harbor,
a parade of ships occurring on the Cooper River and Charleston Harbor
in Charleston, South Carolina. The temporary moving safety zone is
necessary to protect participant vessels, spectators, and the general
public during the event. This rule is intended to prohibit persons and
non-participant vessels from entering, transiting through, anchoring
in, or remaining within the moving safety zone unless authorized by the
Captain of the Port Charleston or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 28, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0123 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 Lieutenant Commander John Downing,
Sector Charleston Office of Waterways Management, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On December 1, 2016, Tall Ships Charleston notified the Coast Guard
that they will be sponsoring the Tall Ships Charleston Parade Around
the Harbor from 2 p.m. to 5 p.m. on May 18, 2017. Approximately eight
ships are anticipated to participate in the parade event, which will
take place on certain navigable waters of the Cooper River and the
Charleston Harbor in Charleston, South Carolina. The Captain of the
Port Charleston (COTP) has determined that the potential hazards
associated with the parade constitute a safety concern for anyone
within the proposed moving safety zone. The purpose of the proposed
rule is to ensure safety of life on the navigable water of the United
States during the event. 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 temporary moving safety
zone on the waters of the Cooper River and Charleston Harbor in
Charleston, South

Carolina, during the Tall Ships Charleston Parade Around the Harbor,
from 2 p.m. until 5 p.m. on May 18, 2017. The duration of the safety
zone is intended to ensure the safety of life on the navigable waters
of the Cooper River and Charleston Harbor during the parade. No vessel
or person would be permitted to enter, transit through, anchor in, or
remain within the safety zone without obtaining permission from the
COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document. The Coast Guard would
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

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 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zone would be enforced for only
three hours; (2) the safety zone would move with participant vessels so
that once the ships clear a portion of the waterway, the safety zone
would no longer be enforced in that portion of the waterway; (3)
although persons and vessels may not enter, transit through, anchor in,
or remain within the safety zone without authorization from the COTP or
a designated representative, they would be able to operate in the
surrounding area during the enforcement period; (4) persons and vessels
would still be able to enter or transit through the safety zone if
authorized by the COTP or a designated representative; and (5) the
Coast Guard would provide advance notification of the safety zone to
the local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.

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
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 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 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
temporary moving safety zone lasting three hours which would prohibit
entry into, transit through,

anchoring within, or remaining within the safety zone during the parade
event. Normally such actions are categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. A preliminary environmental analysis checklist and
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

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

    Harbors, 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 a temporary Sec.  165.T07-0123 to read as follows:

Sec.  165.T07-0123   Safety Zone; Tall Ships Charleston Parade Around
the Harbor, Charleston, SC.

    (a) Regulated area. The rule establishes the following regulated
area as a temporary moving safety zone: All waters 100 yards in front
of the first parade vessel, 100 yards behind the last parade vessel,
and 100 yards on either side of all Parade vessels. The Tall Ships
Charleston Parade Around the Harbor consists of an eight mile course
that starts near Fort Sumter in approximate position 32[deg]45'25'' N./
079[deg]52'20'' W. and follows the shipping channel north, along the
Cooper River ending at Veterans Terminal in approximate position
32[deg]51'18'' N./079[deg]56'57'' W.
    (b) Definition. As used in this section, ``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 Charleston in the enforcement of the
regulated areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area, except persons and vessels participating in the Tall Ships
Charleston Parade Around the Harbor and those serving as safety
vessels.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced from 2 p.m.
until 5 p.m. on May 18, 2017.

    Dated: March 23, 2017.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-06187 Filed 3-28-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69265-69266]
[FR Doc No: 2022-25160]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD21-15-000]

Joint Federal-State Task Force on Electric Transmission;
Supplemental Notice of Meeting

    As first announced in the Commission's September 8, 2022 Notice \1\
in the above-captioned docket, the next public meeting of the Joint
Federal-State Task Force on Electric Transmission (Task Force) will be
held on November 15, 2022, at the New Orleans Marriott in New Orleans,
LA, from approximately 8:00 a.m. to 10:30 a.m. Central time.
Commissioners may attend and participate in this meeting. Attached to
this Notice is an agenda for the meeting.
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    \1\ Joint Fed.-State Task Force on Elec. Transmission, Notice,
Docket No. AD21-15-000 (issued Sept. 8, 2022).
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    The meeting will be open to the public for listening and observing
and on the record. There is no fee for attendance and registration is
not required. The public may attend in person or via Webcast.\2\ This
conference will be transcribed. Transcripts will be available for a fee
from Ace Reporting,<PHONE_NUMBER>.
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    \2\ A link to the Webcast will be available on the day of the
event at https://www.ferc.gov/TFSOET.
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    Discussions at the meeting may involve issues raised in proceedings
that are currently pending before the Commission. These proceedings
include, but are not limited to:

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Southwest Power Pool, Inc..................  Docket No. ER23-72-000.
Southwest Power Pool, Inc..................  Docket No. EL22-70-000.
Public Service Company of New Mexico.......  Docket No. ER22-2158-001.
Public Service Company of New Mexico.......  Docket No. EL22-40-000.
Idaho Power Company........................  Docket No. EL22-37-000.
PacifiCorp.................................  Docket Nos. EL22-38-000,
                                              EL22-38-001.
Public Service Company of Colorado.........  Docket No. EL22-39-000.
Puget Sound Energy, Inc....................  Docket No. EL22-41-000.
Puget Sound Energy, Inc....................  Docket No. ER23-22-000.
PPL Electric Utilities Corporation.........  Docket No. ER22-2719-000.
------------------------------------------------------------------------

    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected] or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    More information about the Task Force, including frequently asked
questions, is available here: https://www.ferc.gov/TFSOET. For more
information about this meeting, please contact: Gretchen Kershaw, 202-
502-8213, [email protected]; or Jennifer Murphy,<PHONE_NUMBER>,
[email protected]. For information related to logistics, please contact
Benjamin Williams,<PHONE_NUMBER>, [email protected]; or Rob
Thormeyer,<PHONE_NUMBER>, [email protected].

    Dated: November 14, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.

Joint Federal-State Task Force on Electric Transmission

Docket No. AD21-15-000

November 15, 2022

Agenda

8:00 a.m.-10:30 a.m.--Addressing Regulatory Gaps/Challenges in
Oversight of Transmission Development

[FR Doc. 2022-25160 Filed 11-17-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Notices]
[Page 31457-31458]
[DOCID:fr01jy09-85]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0294]

Regulation of Tobacco Products; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION:  Notice; request for comments.

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SUMMARY:  The Food and Drug Administration (FDA) is establishing a
public docket to obtain information on the implementation of the Family
Smoking Prevention and Tobacco Control Act. FDA is establishing this
docket in order to provide an opportunity for all interested parties to
provide information and share views on the implementation of the new
law.

DATES: Submit written or electronic comments by September 29, 2009.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
    Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Erik Mettler, Office of Policy, Food
and Drug Administration, 10903 New Hampshire Ave., WO1, rm. 4300,
Silver Spring, MD 20993,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Tobacco products are responsible for more than 430,000 deaths each
year. The Centers for Disease Control and Prevention (CDC) report an
estimated 60

million adults smoke cigarettes in the United States, even though this
behavior will result in death or disability for half of all regular
users. Paralleling this enormous health burden is the economic burden
of tobacco use, which is estimated to total $193 billion annually in
medical expenditures and lost productivity. Curbing the significant
adverse consequences of tobacco use is one of the most important public
health goals of our time.
    On June 22, 2009, the President signed H.R. 1256, the Family
Smoking Prevention and Tobacco Control Act, into law. The Family
Smoking Prevention and Tobacco Control Act grants FDA important new
authority to regulate the manufacture, marketing, and distribution of
tobacco products to protect the public health generally and to reduce
tobacco use by minors. The Family Smoking Prevention and Tobacco
Control Act authorizes FDA to require disclosure of tobacco product
ingredients and additives; regulate ``modified risk'' tobacco products;
create standards for tobacco products, including standards for the
reduction or elimination of certain constituents; restrict sales,
distribution, advertising, and promotion of tobacco products; and
require stronger health warnings on packaging. The Family Smoking
Prevention and Tobacco Control Act also requires FDA to issue its 1996
final regulation restricting the sale and distribution of nicotine-
containing cigarettes and smokeless tobacco products. The rule contains
provisions designed to limit young people's access to tobacco products,
as well as restrictions on marketing to curb the appeal of these
products to minors.
    We are requesting comments that will inform strategies to protect
the public health as we implement this new authority. A copy of the
Family Smoking Prevention and Tobacco Control Act is available on the
agency's Web site at http://www.fda.gov/tobacco.

II. Request for Comments and Information

    We are particularly interested in comments on the approaches and
actions the agency should consider initially to increase the likelihood
of reducing the incidence and prevalence of tobacco product use and
protecting the public health. Although the agency will not respond to
specific suggestions, we will consider them in establishing the new
Center for Tobacco Products and in implementing the Family Smoking
Prevention and Tobacco Control Act. In the future, we intend to solicit
public input on specific issues. Please organize any comments you have
in response to this notice using these general categories:

    Federal, State, and local government collaboration;
    New product submission and approval;
    Product ingredient disclosure;
    Prevention;
    Tobacco use by specific groups including minors, women, and racial
and ethnic minority populations;
    Tobacco addiction;
    Smoking cessation;
    Data collection;
    Products with ``reduced harm/risk'' claims;
    Enforcement;
    Research and testing;
    Advertising and marketing of tobacco products;
    Label statements and warnings (including graphic warnings);
    Tobacco product standards (including flavors, ingredients, etc.);
    Sale and distribution of tobacco products;
    Manufacturing restrictions and facilities controls; and
    Other.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

    Dated: June 25, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-15549 Filed 6-30-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 36013-36014]
[FR Doc No: 2013-14090]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0055]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated May 16, 2013, the Commuter Rail Division of the Regional
Transportation Authority (Metra) and its operating company, the
Northeast Illinois Regional Commuter Railroad Corporation, have
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR Part 236--Rules, Standards, and
Instructions Governing the Installation, Inspection, Maintenance, and
Repair of Signal and Train Control Systems, Devices, and Appliances.
FRA assigned the petition Docket Number FRA-2013-0055.
    Metra seeks a waiver from the requirements 49 CFR 236.566,
Locomotive of each train operating in train stop, train control or cab
signal territory; equipped. Specifically, Metra seeks FRA's approval to
operate equipped Metra Heritage Corridor District (HCD) trains on
Metra's Rock Island District (RID) from Joliet Coach Yard at Control
Point (CP) Richards, Milepost (MP) 39.9 to the switch at the wye at UD
Tower, MP 40.1 with the cab signals cut out.
    This petition for waiver is requested because HCD trains are
positioned overnight at the Joliet Coach Yard on the RID. The RID
automatic cab signal (ACS) territory begins at Joliet, MP 40.2, and
ends at Blue Island, MP 14.5. Metra's HCD trains operate on nonequipped
territory, which begins in

Joliet, MP 37.3, and ends at Chicago Union Station, MP 0.0. The
affected trains would operate out of Joliet Yard with cab signals cut
out for 1,100 feet up to the wye at UD Tower. To operate with cab
signals on HCD trains would require Metra to train approximately 20
engineers on cab signal indications. In order for Metra to test HCD
trains, a test loop would need to be installed at Joliet for trains
operating in equipped territory less than 1,100 feet. Metra proposes
that movement between CP Richards and the wye at UD Tower for HCD
trains with the cab signals cut out will be made with an absolute block
established in advance of all HCD trains. Additionally, the HCD trains
movements will be made at restricted speed across the equipped
territory.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by July 29, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on June 10, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-14090 Filed 6-13-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: August 27, 2009 (Volume 74, Number 165)]
[Notices]
[Page 43693]
[DOCID:fr27au09-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ08-6-002]

Orlando Utilities Commission; Notice of Filing

August 19, 2009.
    Take notice that on August 17, 2009, Orlando Utilities Commission
filed Substitute First Revised Sheet 122A for inclusion in Attachment K
of its Open Access Transmission Tariff, in compliance with Ordering
Paragraph (F) of the Commission's June 18, 2009 Order, 127 FERC
 61,277 (2009).
    Any person desiring 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, 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 comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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 on September 16, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-20640 Filed 8-26-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41317-41320]
[FR Doc No: 2011-17522]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64833; File No. SR-Phlx-2011-95]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the Extension of a Pilot Program Concerning Disseminated Quotations

July 7, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on June 30, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``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 Exchange proposes to extend, through November 30, 2011, a pilot
program (the ``pilot'') under which the Exchange's rules describe the
manner in which the PHLX XL[supreg] automated options trading system
\3\ disseminates quotations when (i) there is an opening imbalance in a
particular series, and (ii) there is a Quote Exhaust (as described
below) or a Market Exhaust (as described below) quote condition present
in a particular series.
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    \3\ This proposal refers to ``PHLX XL'' as the Exchange's
automated options trading system. In May 2009 the Exchange enhanced
the system and adopted corresponding rules referring to the system
as ``Phlx XL II.'' See Securities Exchange Act Release No. 59995
(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32). The
Exchange intends to submit a separate technical proposed rule change
that would change all references to the system from ``Phlx XL II''
to ``PHLX XL'' for branding purposes.
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    The current pilot is scheduled to expire July 31, 2011.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the 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 the proposed rule change is to extend the pilot
through November 30, 2011.
Background
    In June, 2009, the Exchange added several significant enhancements
to its automated options trading platform (now known as PHLX XL), and
adopted rules to reflect those enhancements.\4\ As part of the system
enhancements, the Exchange proposed to disseminate a ``non-firm'' quote
condition on a bid or offer whose size is exhausted in certain
situations. The non-exhausted side of the Exchange's disseminated
quotation would remain firm up to its disseminated size. At the time
the Exchange proposed the ``one-sided non-firm'' quote condition, the
Options Price Reporting Authority (``OPRA'') was only capable of
disseminating option quotations for which both sides of the quotation
are marked ``non-firm.'' OPRA did not disseminate a ``non-firm''
condition for one side of a quotation while the other side of the
quotation remains firm.
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    \4\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
---------------------------------------------------------------------------

    Accordingly, the Exchange proposed, for a pilot period scheduled to
expire November 30, 2009, and later extended through September 30,
2010,\5\ to disseminate quotations in such a circumstance with a (i) a
bid price of $0.00, with a size of one contract if the remaining size
is a seller, or (ii) an offer price of $200,000, with a size of one
contract if the remaining size is a buyer.
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    \5\ See Securities Exchange Act Release No. 60951 (November 6,
2009), 74 FR 59275 (November 17, 2009) (SR-Phlx-2009-95).
---------------------------------------------------------------------------

    The Exchange subsequently modified the manner in which the PHLX XL
system disseminates quotes when one side of the quote is exhausted but
the opposite side still has marketable size at the disseminated price,
by disseminating, on the opposite side of the market from remaining
unexecuted contracts: (i) A bid price of $0.00, with a size of zero
contracts if the remaining size is a seller, or (ii) an offer price of
$0.00, with a size of zero contracts if the remaining size is a
buyer.\6\ That modification was implemented on a pilot basis, scheduled
to expire November 30, 2010,\7\ and that pilot was then extended
through March 31, 2011.\8\ Subsequently, the pilot was extended through
its current expiration date of July 31, 2011.\9\
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    \6\ See Securities Exchange Act Release No. 63024 (September 30,
2010), 75 FR 61799 (October 6, 2010) (SR-Phlx-2010-134).
    \7\ Id.
    \8\ See Securities Exchange Act Release No. 63350 (November 19,
2010), 75 FR 73150 (November 29, 2010) (SR-Phlx-2010-156).
    \9\ See Securities Exchange Act Release No. 64056 (March 8,
2011), 76 FR 13678 (March 14, 2011) (SR-Phlx-2011-29).
---------------------------------------------------------------------------

    On October 7, 2010, the U.S. options exchanges, as participants in
the OPRA Plan, voted to make technological changes that would enable
OPRA to support a one-sided non-firm quote condition. These
technological changes provide the opportunity for OPRA and the
participants to design, test, and deploy modifications to their
systems, and to establish connectivity with quotation vendors, that
will support the one-sided non-firm quote condition. Upon the
conclusion of the proposed extended pilot (i.e., beginning December 1,
2011), the Exchange intends to implement a system change (and prior to
that date to file an appropriate proposed rule change) to disseminate a
``non-firm'' condition for one side of a quotation while the other side
of the quotation remains firm. The Exchange is proposing to extend the
current pilot through November 30, 2011, in order to account for the
time required to implement the technological changes.
Opening Imbalance
    An opening ``imbalance'' occurs when all opening marketable size
cannot be completely executed at or within an established Opening Quote
Range (``OQR'') for the affected series.\10\ Currently, pursuant to
Exchange Rule 1017(l)(v)(C)(7), any unexecuted contracts from the
opening imbalance not traded or routed are displayed in the Exchange
quote at the opening price for a period not to exceed ten seconds, and
subsequently, cancelled back to the entering participant if they remain
unexecuted and priced through the opening price, unless the member that
submitted the original order has instructed the Exchange in writing to
re-enter the remaining size, in which case the remaining size will be
automatically submitted as a new order. During this display time
period, the PHLX XL system disseminates, if the imbalance is a buy
imbalance, an offer of $0.00, with a size of zero contracts or, if the
imbalance is a sell imbalance, a bid of $0.00, with a size of zero
contracts, on the opposite side of the market from remaining unexecuted
contracts.
---------------------------------------------------------------------------

    \10\ Where there is an imbalance at the price at which the
maximum number of contracts can trade that is also at or within the
lowest quote bid and highest quote offer, the PHLX XL system will
calculate an OQR for a particular series, outside of which the PHLX
XL system will not execute. See Exchange Rule 1017(l)(iii) and (iv).
---------------------------------------------------------------------------

    The purpose of this provision is to indicate that the Exchange has
exhausted all marketable interest, at or within the OQR, on one side of
the market during the opening process yet has remaining unexecuted
contracts on the opposite side of the market that are firm at the
disseminated price and size.
    Rule 1017(l)(v)(C)(7) is subject to the pilot, which is scheduled
to expire July 31, 2011. The Exchange proposes to extend the pilot
through November 30, 2011.
Quote Exhaust
    Quote Exhaust occurs when the market at a particular price level on
the Exchange includes a quote, and such market is exhausted by an
inbound contra-side quote or order (``initiating quote or order''), and
following such exhaustion, contracts remain to be executed from the
initiating quote or order.\11\
---------------------------------------------------------------------------

    \11\ See Exchange Rule 1082(a)(ii)(B)(3).
---------------------------------------------------------------------------

    Rather than immediately executing at the next available price, the
PHLX XL system employs a timer (a ``Quote Exhaust Timer''), not to
exceed one second, in order to allow market participants to refresh
their quotes. During the Quote Exhaust Timer, PHLX XL currently
disseminates the ``Reference Price'' (the most recent execution price)
for the remaining size, provided that such price does not lock an away
market, in which case, the Exchange currently disseminates a bid and
offer that is one Minimum Price Variation (``MPV'') from the away
market price. During the Quote Exhaust Timer, the Exchange
disseminates: (i) A bid price of $0.00, with a size of zero contracts
if the remaining size is a seller, or (ii) an offer price of $0.00,
with a size of zero contracts if the remaining size is a buyer.
    Currently, Exchange Rules 1082(a)(ii)(B)(3)(g)(iv)(A)(3),

1082(a)(ii)(B)(3)(g)(iv)(A)(4), 1082(a)(ii)(B)(3)(g)(iv)(B)(2), and
1082(a)(ii)(B)(3)(g)(iv)(C) describe various scenarios under which the
PHLX XL system trades, routes, or posts unexecuted contracts after
determining the ``Best Price'' following a Quote Exhaust. These rules
permit an up to 10 second time period during which participants may
revise their quotes prior to the PHLX XL system taking action. In all
of these scenarios, during the up to 10 second time period, the PHLX XL
system currently disseminates an offer of $0.00, with a size of zero
contracts if the remaining size is a buyer or, if the remaining size is
a seller, a bid of $0.00, with a size of zero contracts, on the
opposite side of the market from remaining unexecuted contracts.
    Exchange Rules 1082(a)(ii)(B)(3)(g)(iv)(A)(3),
1082(a)(ii)(B)(3)(g)(iv)(A)(4), 1082(a)(ii)(B)(3)(g)(iv)(B)(2), and
1082(a)(ii)(B)(3)(g)(iv)(C) are subject to the pilot, which is
scheduled to expire July 31, 2011. The Exchange proposes to extend the
pilot through November 30, 2011.
    Current Rule 1082(a)(ii)(B)(3)(g)(vi) describes what the PHLX XL
system does if, after trading at the PHLX and/or routing, there are
unexecuted contracts from the initiating order that are still
marketable. In this situation, remaining contracts are posted for a
period of time not to exceed 10 seconds and then cancelled after such
period of time has elapsed, unless the member that submitted the
original order has instructed the Exchange in writing to re-enter the
remaining size, in which case the remaining size will be automatically
submitted as a new order. During the up to 10 second time period, the
Exchange will disseminate, on the opposite side of the market from
remaining unexecuted contracts: (i) A bid price of $0.00, with a size
of zero contracts if the remaining size is a seller, or (ii) an offer
price of $0.00, with a size of zero contracts if the remaining size is
a buyer.
    Rule 1082(a)(ii)(B)(3)(g)(vi) is subject to the pilot. The Exchange
proposes to extend the pilot through November 30, 2011.
Market Exhaust
    Market Exhaust occurs when there are no PHLX XL participant
quotations in the Exchange's disseminated market for a particular
series and an initiating order in the series is received. In such a
circumstance, the PHLX XL system initiates a ``Market Exhaust Auction''
for the initiating order.\12\
---------------------------------------------------------------------------

    \12\ See Exchange Rule 1082(a)(ii)(B)(4)(b).
---------------------------------------------------------------------------

    In this situation, the PHLX XL system will first determine if the
initiating order, or a portion thereof, can be executed on the PHLX.
Thereafter, if there are unexecuted contracts remaining in the
initiating order the PHLX XL system will initiate a Market Exhaust
Timer. During the Market Exhaust Timer, the Exchange disseminates any
unexecuted size of the initiating order at the ``Reference Price,''
which is the execution price of a portion of the initiating order, or
one MPV from a better-priced away market price if the Reference Price
would lock the away market. The PHLX XL system currently disseminates,
on the opposite side of the market from the remaining unexecuted
contracts: (i) A bid price of $0.00, with a size of zero contracts if
the remaining size is a seller, or (ii) an offer price of $0.00, with a
size of zero contracts if the remaining size is a buyer. This provision
is subject to the pilot. The Exchange proposes to extend the pilot
through November 30, 2011.
Provisional Auction
    Exchange Rule 1082(a)(ii)(B)(4)(d)(iv)(E) describes what PHLX XL
does after it has explored all alternatives and there still remain
unexecuted contracts. During the ``Provisional Auction,'' any
unexecuted contracts from the initiating order are displayed in the
Exchange quote for the remaining size for a brief period not to exceed
ten seconds and subsequently cancelled back to the entering participant
if they remain unexecuted, unless the member that submitted the
original order has instructed the Exchange in writing to re-enter the
remaining size, in which case the remaining size will be automatically
submitted as a new order. The rule states that during the brief period,
the PHLX XL system disseminates, on the opposite side of the market
from remaining unexecuted contracts: (i) A bid price of $0.00, with a
size of zero contracts if the remaining size is a seller, or (ii) an
offer price of $0.00, with a size of zero contracts if the remaining
size is a buyer.\13\
---------------------------------------------------------------------------

    \13\ The Exchange notes that there is a discrepancy between the
text of Rule 1014(a)(ii)(B)(4)(d)(iv)(E) and the actual
functionality of PHLX XL regarding the Exchange's disseminated
market. The Exchange reported this discrepancy to the Commission and
advised membership by way of an Options Trader Alert (``OTA'') which
was distributed on May 25, 2011. The Exchange will file a proposed
rule change to correct this discrepancy. The OTA is available at
http://www.nasdaqtrader.com/TraderNews.aspx?id=OTA2011-22.
---------------------------------------------------------------------------

    Rule 1082(a)(ii)(B)(4)(d)(iv)(E) is subject to the pilot. The
Exchange proposes to extend the pilot through November 30, 2011.
    The Exchange believes that the pilot benefits customers and the
marketplace as a whole by enabling PHLX to effectively reflect the
market interest the Exchange has that is firm and executable, while at
the same time indicating the other side of the Exchange market is not
firm and therefore not executable. This allows the Exchange to protect
orders on its book and attempt to attract interest to execute against
such order.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \14\ in general, and furthers the objectives of Section
6(b)(5) of the Act \15\ in particular, in that it is 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange further believes that the proposal is consistent with
the SEC Quote Rule's provisions regarding non-firm quotations.\16\
Specifically, Rule 602(a)(3)(i) provides that if, at any time a
national securities exchange is open for trading, the exchange
determines, pursuant to rules approved by the Commission, that the
level of trading activities or the existence of unusual market
conditions is such that the exchange is incapable of collecting,
processing, and making available to vendors the data for a subject
security required to be made available in a manner that accurately
reflects the current state of the market on such exchange, such
exchange shall immediately notify all specified persons of that
determination and, upon such notification, the exchange is relieved of
its obligations under paragraphs (a)(1) and (2) of Rule 602 relating to
collecting and disseminating quotations, subject to certain other
provisions of Rule 602(a)(3).
---------------------------------------------------------------------------

    \16\ See 17 CFR 242.602(a)(3)(i) and (ii).
---------------------------------------------------------------------------

    By disseminating a bid of $0.00 for a size of zero contracts, or an
offer of $0.00 for a size of zero contracts in certain situations
delineated above in the Exchange's rules, the Exchange believes that it
is adequately communicating that it is non-firm on that side of the
market in compliance with the Quote Rule.

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 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 either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(6) \18\
thereunder.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-95 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-Phlx-2011-95. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2011-95 and should be
submitted on or before August 3, 2011.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17522 Filed 7-12-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Rules and Regulations]
[Page 13288]
[FR Doc No: 2011-5663]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0107]

Drawbridge Operation Regulation; Intracoastal Waterway (ICW),
Inside Thorofare, Ventnor City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
Dorset Avenue Bridge, across Inside Thorofare, mile 72.1, at Ventnor
City. The deviation is necessary to facilitate cleaning and painting
operations of the double-leaf bascule drawbridge. This deviation allows
restriction of the operation of the draw span.

DATES: This deviation is effective from 7 a.m. on March 8, 2011 until
11:59 p.m. on May 27, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0107 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0107 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Waverly W. Gregory, Jr., Bridge Administrator, Fifth
District; Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Dorset Avenue Bridge has a vertical
clearance in the closed position of 9 feet above mean high water and 12
feet above mean low water.
    The drawbridge opens on signal except that from June 1 through
September 30, from 9:15 a.m. to 9:15 p.m., the draw need only open at
15 and 45 minutes after the hour, as required by 33 CFR 117.733(g).
    A.P. Construction, Inc., on behalf of Atlantic County who owns and
operates this double-leaf bascule drawbridge, has requested a temporary
deviation from the current operating regulations set out in 33 CFR
117.733(g), to facilitate cleaning and painting of the lift spans.
    Under this temporary deviation, the drawbridge will provide a
partial opening of the lift spans for vessels. The cleaning and
painting require immobilizing half of the draw span to single-leaf
operation beginning at 7 a.m. on Tuesday, March 8, 2011, until and
including 11:59 p.m. on Friday, May 27, 2011.
    Consequently, passage under the bridge will be limited to a 25-foot
width for the duration of the project.
    The single-bascule leaf not under repair will continue to open for
vessels. Prior to an opening of this single-bascule leaf, a work boat
occupying the channel underneath this span will also be moved. Finally,
the drawbridge will open in the event of an emergency.
    Bridge opening data, supplied by Atlantic County and reviewed by
the U.S. Coast Guard, revealed vessel openings of the draw span from
March 2010 through May 2010. Specifically, the bridge opened for
vessels 8, 17, and 85 times during the months of March 2010 through May
2010, respectively. Vessels that can pass under the bridge without a
full bridge opening may continue to do so at anytime. Mariners
requiring the full opening of the lift spans will be directed to use
the Atlantic Ocean as the alternate route.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the closure periods for the
bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation. In accordance with 33 CFR
117.35(e), the drawbridge must return to its regular operating schedule
immediately at the end of the designated time period. This deviation
from the operating regulations is authorized under 33 CFR 117.35.

    Dated: February 18, 2011.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. 2011-5663 Filed 3-10-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Page 27314]
[FR Doc No: 2011-11534]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR11-106-000]

DCP Guadalupe Pipeline, LLC; Notice of Petition for Rate Approval

    Take notice that on May 3, 2011, DCP Guadalupe Pipeline, LLC
(``Guadalupe'') filed, pursuant to section 284.123(b)(2) of the
Commission's regulations, a petition for rate approval requesting that
the Commission approve as fair and equitable a rate of $0.1911 per
MMBtu and a 1.87 percent fuel charge for firm and interruptible
transportation and parking and lending services. All of these services
will be performed under section 311(a)(2) of the Natural Gas Policy Act
of 1978 (``NGPA'').
    Any person desiring to participate in this rate 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 7 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 on Monday, May 16, 2011.

    Dated: May 5, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-11534 Filed 5-10-11; 8:45 am]
BILLING CODE 6717-01-P