[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37349-37351]
[FR Doc No: 2015-15981]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75284; File No. SR-MIAX-2015-40]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rule 510 To Extend the Penny
Pilot Program

June 24, 2015.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that, on June 18, 2015, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I and II 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 is filing a proposal to amend Rule 510,
Interpretations and Policies .01 to extend the pilot program for the
quoting and trading of certain options in pennies (the ``Penny Pilot
Program'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 Exchange is a participant in an industry-wide pilot program
that provides for the quoting and trading of certain option classes in
penny increments (the ``Penny Pilot Program'' or ``Program'').
Specifically, the Penny Pilot Program allows the quoting and trading of
certain option classes in minimum increments of $0.01 for all series in
such option classes with a price of less than $3.00; and in minimum
increments of $0.05 for all series in such option classes with a price
of $3.00 or higher. Options overlying the PowerShares QQQ Trust
(``QQQQ'')[supreg], SPDR S&P 500 Exchange Traded Funds (``SPY''), and
iShares Russell 2000 Index Funds (``IWM''), however, are quoted and
traded in minimum increments of $0.01 for all series regardless of the
price. The Penny Pilot Program was initiated at the then existing
option exchanges in January 2007 and currently includes more than 300
of the most active option classes. The Penny Pilot Program is currently
scheduled to expire on June 30, 2015. The purpose of the proposed rule
change is to extend the Penny Pilot Program in its current format
through June 30, 2016.
    In addition to the extension of the Penny Pilot Program through
June 30, 2016, the Exchange will replace any Penny Pilot issues that
have been delisted with the next most actively traded multiply listed
option classes that are not yet included in the Penny Pilot Program.
The replacement issues will be selected based on trading activity in
the previous six months and will be added to the Penny Pilot Program on
the second trading day following July 1, 2015 and January 1, 2016.
Please note, the month immediately preceding a replacement

class's addition to the Pilot program (i.e., June) will not be used for
purposes of the six-month analysis. Thus, a replacement added on the
second trading day following July 1, 2015 will be identified based on
trading activity from December 1, 2014 through May 31, 2015. Similarly,
a replacement added on the second trading day following January 1, 2016
will be identified based on trading activity from June 1, 2015 through
November 30, 2015. Rule 510 has been updated to reflect the new date
replacement issues will be added to the Penny Pilot Program.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \3\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \4\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest. In particular, the proposed
rule change, which extends the Penny Pilot Program for six months,
allows the Exchange to continue to participate in a program that has
been viewed as beneficial to traders, investors and public customers
and viewed as successful by the other options exchanges participating
in it.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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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. Specifically, the Exchange
believes that, by extending the expiration of the Pilot Program, the
proposed rule change will allow for further analysis of the Penny Pilot
Program and a determination of how the Program should be structured in
the future. In doing so, the proposed rule change will also serve to
promote regulatory clarity and consistency, thereby reducing burdens on
the marketplace and facilitating investor protection. In addition,
consistent with previous practices, the Exchange believes the other
options exchanges will be filing similar extensions of the Penny Pilot
Program.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6)
thereunder.\6\
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \7\ normally
does not become operative prior to 30 days after the date of the
filing.\8\ However, pursuant to Rule 19b-4(f)(6)(iii),\9\ 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. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because doing so will allow the Penny Pilot Program to continue without
interruption in a manner that is consistent with the Commission's prior
approval of the extension and expansion of the Penny Pilot Program and
will allow the Exchange and the Commission additional time to analyze
the impact of the Penny Pilot Program.\10\ Accordingly, the Commission
designates the proposed rule change as operative upon filing with the
Commission.\11\
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    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
    \11\ 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).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2015-40 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2015-40. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-
MIAX-2015-40 and should be submitted on or before July 21, 2015.
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    \12\ 17 CFR 200.30-3(a)(12).'

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15981 Filed 6-29-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Rules and Regulations]
[Pages 59650-59653]
[FR Doc No: 2014-23659]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0855]
RIN 1625-AA00

Safety Zone, Navy Exercise, Delaware Bay and Atlantic Ocean; Cape
May, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones
on the waters of the Delaware Bay and North Atlantic Ocean adjacent to
Cape May, New Jersey. The safety zones will restrict vessel traffic on
a portion of the Delaware Bay and North Atlantic Ocean while a Navy
exercise is taking place. These temporary safety zones are necessary to
protect the surrounding public and vessels from the hazards associated
the exercise.

DATES: This rule is effective October 3, 2014 through October 24, 2014
and will be enforced from October 16, 2014 to October 24, 2014 from
6:00 a.m. until 8:00 p.m. each day.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0855]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email If you have questions on this temporary rule, call or
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware
Bay, Chief Waterways Management Division, Coast Guard; telephone (215)
271-4851, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule as publishing an NPRM is impracticable given
that the final details for this event were not received by the Coast
Guard until September 8, 2014, and this exercise is scheduled to take
place from October 16, 2014 to October 24, 2014. Further, allowing this
event to go forward

without these safety zones in place would expose mariners and the
public to unnecessary dangers associated with this exercise contrary to
the public interest. Vessels transiting or attempting to transit
through these areas may be at risk, and therefore the safety zones are
needed to protect the public from the hazards associated with this
exercise. Therefore, delay in taking action is both impracticable and
contrary to public interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register as any delay encountered in this
regulation's effective date would be contrary to public interest
because immediate action is needed to provide for the safety of life
and property from the hazards associated with the naval exercise.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    From October 16, 2014, until October 24, 2014, a Navy exercise will
take place in a portion of the Delaware Bay and the North Atlantic
Ocean near Cape May, New Jersey. This regulation is necessary because
of the ongoing hazards associated with the exercise. Once operations
are concluded, an informational broadcast will inform mariners that the
saftey zone is no longer being enforced. The Captain of the Port is
establishing this safety zone to ensure the safety of life and property
of all mariners and vessels transiting the local area.

C. Discussion of the Final Rule

    To mitigate the risks associated with the Navy exercise, the
Captain of the Port, Sector Delaware Bay will enforce temporary safety
zones in Delaware Bay and the North Atlantic Ocean near Cape May, New
Jersey. The safety zones will encompass two areas within Delaware Bay
and one area in the North Atlantic Ocean.
    The first safety zone will encompass all waters of the Delaware
Bay, bounded by a line connecting the following points; latitude
38[deg]54'10'' N, longitude 075[deg]03'12'' W thence north to latitude
39[deg]02'24'' N, longitude 075[deg]02'38'' W thence east to latitude
39[deg]02'24'' N, longitude 075[deg]01'42'' W thence southeast to
latitude 38[deg]54'22'' N, longitude 075[deg]01'18'' W thence west to
point of origin.
    The second safety zone will encompass all waters of the Delaware
Bay bounded by a line connecting the following points; latitude
38[deg]54'17'' N, longitude 075[deg]07'50'' W thence northwest to
latitude 39[deg]04'06'' N, longitude 075[deg]13'54'' W thence northeast
to latitude 39[deg]04'39'' N, longitude 074[deg]12'39'' W thence
southeast to latitude 38[deg]55'04'' N, longitude 075[deg]06'38'' W
thence southwest to point of origin.
    The third safety zone will encompass a portion of the North
Atlantic Ocean bounded by a line connecting the following points;
latitude 38[deg]49'57'' N, longitude 074[deg]47'41'' W thence northeast
to latitude 38[deg]54'28'' N, longitude 074[deg]43'15'' W thence
southeast to latitude 38[deg]54'11'' N, longitude 074[deg]42'45'' W
thence southwest to latitude 38[deg]49'39'' N, longitude
074[deg]47'10'' W thence northwest to point of origin, off the coast of
Cape May, NJ.
    All of the safety zones will be effective and enforced from October
16, 2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day.
Entry into, transiting, or anchoring within the safety zone is
prohibited.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) the Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
this rule will be enforced until the area is deemed safe to transit.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to anchor or transit along a portion of Delaware Bay and
North Atlantic Ocean adjacent to Cape May, New Jersey from October 16,
2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day,
unless cancelled earlier by the Captain of the Port once all operations
are completed. Once operations are concluded, an informational
broadcast will inform mariners that the safety zone is no longer being
enforced.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: the zone
is limited in size and duration. Sector Delaware Bay will issue
maritime advisories widely available to users of the Delaware River.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
The zones will temporarily restrict vessel traffic from transiting a
portion of the Delaware Bay and North Atlantic Ocean in vicinity of
Cape May, New Jersey, in order to protect the safety of life and
property on the waters until the exercise is complete. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

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 amends
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; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1

0
2. Add temporary Sec.  165.T05-0855 to read as follows

Sec.  165.T05-0855  Safety Zones, Navy Exercise, Delaware Bay and
Atlantic Ocean; Cape May, NJ.

    (a) Regulated area. The following areas are safety zones: (1) All
waters of the Delaware Bay, bounded by a line connecting the following
points: s all waters of the Delaware Bay, bounded by a line connecting
the following points; latitude 38[deg]54'10'' N, longitude
075[deg]03'12'' W thence north to latitude 39[deg]02'24'' N, longitude
075[deg]02'38'' W thence east to latitude 39[deg]02'24'' N, longitude
075[deg]01'42'' W thence southeast to latitude 38[deg]54'22'' N,
longitude 075[deg]01'18'' W thence west to point of origin.
    (2) All waters of the Delaware Bay bounded by a line connecting the
following points; latitude 38[deg]54'17'' N, longitude 075[deg]07'50''
W thence northwest to latitude 39[deg]04'06'' N, longitude
075[deg]13'54'' W thence northeast to latitude 39[deg]04'39'' N,
longitude 074[deg]12'39'' W thence southeast to latitude 38[deg]55'04''
N, longitude 075[deg]06'38'' W thence southwest to point of origin.
    (3) All waters of the North Atlantic Ocean bounded by a line
connecting the following points; latitude 38[deg]49'57'' N, longitude
074[deg]47'41'' W thence northeast to latitude 38[deg]54'28'' N,
longitude 074[deg]43'15'' W thence southeast to latitude 38[deg]54'11''
N, longitude 074[deg]42'45'' W thence southwest to latitude
38[deg]49'39 ''N, longitude 074[deg]47'10'' W thence northwest to point
of origin, off the coast of Cape May, NJ.
    (b) Enforcement period. This rule will be enforced from October 16,
2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day,
unless cancelled earlier by the Captain of the Port once all operations
are completed.
    (c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
    (1) This section applies to all vessels wishing to transit through
the Safety

Zone except vessels that are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (2) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
    (3) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (4) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
    (5) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commander of
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the Safety Zone by Federal, State, and local
agencies.

    Dated: September 23, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-23659 Filed 10-2-14; 8:45 am]
BILLING CODE 9110-04-P


  From: Steven Silverman/DC/USEPA/US  To: Keith Barnett/RTP/USEPA/US@EPA  Date: 06/20/2009 03:21 PM  Subject: memo to docket

Keith,

Could you please docket the following note?  thks!

MEMORANDUM

TO  Cement NESHAP docket FROM  Steven SIlverman, Attorney OGC RE:  Conversations at Los Angeles public hearing

At the July 16 public hearing on the proposed portland cement kiln NESHAP, I had a number of sidebar conversations relevant to the rule which conversations are summarized here.  I spoke with Tracy Goss of the California South Coast Air Quality Management District about the Cr +6 issue mentioned in the preamble.  He stated that most of the fugitive emissions from the plant in question were the result of moving clinker around, rather than being from static piles.  he also said that these fugitive emissions were in violation of State rules, and viewed the situation as a compliance issue.

I also spoke with a cement industry consultant who was monitoring the hearing.  I did not accurately catch his name.  however, he said that the industry is especially concerned with achieving the proposed standards for THC and HCl, more so than the proposed mercury standards.


[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1401-1403]
[FR Doc No: 2015-00156]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-22-000 CP15-24-000]

Dominion Cove Point LNG, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed St. Charles Transportation
and Keys Energy Projects and Request for Comments on Environmental
Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of two related projects--the St.
Charles Transportation and Keys Energy Projects--both involving
construction and operation of facilities proposed by Dominion Cove
Point LNG, LP (DCP) in Fairfax County, Virginia and Charles County,
Maryland. The Commission will use this EA in its decision-making
process to determine whether the projects are in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the projects. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on February 4, 2015.
    You may submit comments in written form. Further details on how to
submit written comments are in the Public Participation section of this
notice. If you sent comments on this project to the Commission before
the opening of these dockets on December 3, 2014, you will need to file
those comments in Docket No. CP15-22-000 for the St. Charles
Transportation Project, and CP15-24-000 for the Keys Energy Project, to
ensure they are considered as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to

construct, access, operate, and maintain the proposed facilities. The
company would seek to negotiate a mutually acceptable agreement.
However, if the Commission approves the project, that approval conveys
with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, the pipeline company could
initiate condemnation proceedings where compensation would be
determined in accordance with state law.
    DCP provided potentially affected landowners and residents within
0.5 mile radius around the proposed compression upgrades a fact sheet
prepared by the FERC entitled ``An Interstate Natural Gas Facility On
My Land? What Do I Need To Know?'' This fact sheet addresses a number
of typically-asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings. It is also
available for viewing on the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    DCP proposes to construct, install, own, operate, and maintain
certain facilities located in Fairfax County, Virginia and Charles
County, Maryland which comprise the St. Charles Transportation Project
and the Keys Energy Project. These projects would involve the
installation of new facilities and modification of existing facilities.
    The St. Charles Transportation Project would consist of the
following facilities:
     Pleasant Valley Compressor Station (Fairfax County,
Virginia)
    [cir] Install one new 7,000-horsepower (hp) electric compressor at
the existing compressor station;
    [cir] extend the existing compressor building;
    [cir] replace the existing filter-separator with one new filter-
separator;
    [cir] add one new gas cooler; and
    [cir] install miscellaneous piping and measurement upgrades, meter
runs, piping, fitting and valves.
     Competitive Power Ventures (CPV) Maryland Interconnect
(Charles County, Maryland)
    [cir] Install two new 16-inch taps (one on TL-522 and one on TL-
532) for customer delivery.
    The St. Charles Transportation Project would allow delivery of an
additional 132,000 dekatherms per day (Dt/d) of natural gas to CPV
Maryland, LLC (CPV Maryland). According to DCP, additional compression
at the Pleasant Valley Compressor Station is required to deliver gas to
CPV Maryland. The two new 16-inch taps would be required for customer
delivery.
    The Keys Energy Project would consist of the following facilities:
     Pleasant Valley Compressor Station (Fairfax County,
Virginia)
    [cir] Install one new 6,000-hp electric compressor and one new gas
cooler at the existing compressor station; and
    [cir] add necessary interconnecting pipe work to and from supply/
discharge headers.
     Keys Energy Interconnect (Charles County, Maryland)
    [cir] Install two new 16-inch taps (one on TL-522 and one on TL-
532) for customer delivery;
    [cir] construct a metering and regulating (M&R) station that would
feed gas from the new taps to the Keys Energy, LLC (Keys Energy)
lateral line1; and
    [cir] construct a dekatherm building that would house electronic
flow control equipment.
    The Keys Energy Project would provide an additional approximately
107,000 Dt/d of natural gas to a new generating station to be
constructed by Keys Energy (Keys Energy Center, Prince George's County,
Maryland). According to DCP, the Pleasant Valley Compressor Station
would provide additional compression that is required to deliver gas to
the Keys Energy Center. The two new 16-inch taps would be required for
customer delivery.
    The general locations of the project facilities are shown in
appendix 1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the proposed facilities for the St. Charles
Transportation Project would disturb about 22.6 acres of land for the
aboveground facilities. Following construction, DCP would maintain
about 1.5 acres for permanent operation of the project's facilities;
the remaining acreage would be restored and revert to former uses.
    Construction of the proposed facilities for the Keys Energy Project
would disturb about 28.5 acres of land for the aboveground facilities.
Following construction, DCP would maintain about 2.1 acres for
permanent operation of the project's facilities; the remaining acreage
would be restored and revert to former uses. The proposed facility
modifications for both the St. Charles Transportation and Keys Energy
Projects would occur within an agricultural field; existing compressor
station property; or within existing, maintained DCP rights-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife, including migratory birds;
     air quality and noise;
     endangered and threatened species; and
     public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section below.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the

preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice. Currently, no agencies have expressed an intention to
participate as a cooperating agency in the preparation of the EA to
satisfy its NEPA responsibilities related to this project.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Offices (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPOs as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for these projects will document
our findings on the impacts on historic properties and summarize the
status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the projects. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before
February 4, 2015.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket numbers (CP15-22-000 and/or CP15-24-000)
with your submission. The Commission encourages electronic filing of
comments and has expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the projects. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed projects.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the projects is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., 000).
Be sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at<EMAIL_ADDRESS>or
toll free at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>. The
eLibrary link also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: January 5, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-00156 Filed 1-8-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8304-8305]
[FR Doc No: 2022-03244]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  3:00 p.m. on Thursday, February 17, 2022.

PLACE:  The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain

staff members who have an interest in the matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION:  For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: February 10, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-03244 Filed 2-10-22; 4:15 pm]
BILLING CODE 8011-01-P