[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Rules and Regulations]
[Page 26094-26098]
[DOCID:fr11my10-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0166]
RIN 1625-AA00

Safety Zone, Brandon Road Lock and Dam to Lake Michigan including
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and
Calumet-Saganashkee Channel, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone from
Brandon Road Lock and Dam to Lake Michigan. This temporary safety zone
will cover 77 miles of navigable waterways in the Chicago area. This
temporary interim rule is intended to restrict vessels from entering
certain segments of the navigable waters of the Des Plaines River, the
Chicago Sanitary and Ship Canal (CSSC), branches of the Chicago River,
and the Calumet-Saganashkee Channel (Cal-Sag Channel). This temporary
safety zone is necessary to protect the waters, waterway users and
vessels from hazards associated with a myriad of actions designed to
control the spread of aquatic nuisance species. Because Federal and
State agencies may take such actions at any time and in any segment of
the waterways covered by this temporary safety zone, this rule provides
the Captain of the Port, Sector Lake Michigan, the ability to take
targeted and expeditious action in order to protect vessels and persons
from the hazards associated with any Federal and State efforts to
control aquatic nuisance species.

DATES: Effective Date: This rule is effective in the CFR on May 11,
2010 through March 1, 2011. This rule is effective with actual notice
for purposes of enforcement on April 28, 2010. This rule will remain in
effect until March 1, 2011.
    Comment Period: Comments and related material must reach the Coast
Guard on or before July 12, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0166 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call CDR Tim Cummins, Deputy Prevention Division, Ninth Coast Guard
District, telephone<PHONE_NUMBER>, e-mail address
<EMAIL_ADDRESS>If you have questions related to the
application of piscicide, please contact Mr. Bill Bolen, U.S.
Environmental Protection Agency, Senior Advisor, Great Lakes National
Program Office, 77 W. Jackson Blvd., Chicago, Il. 60604, at (312) 353-
6316. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0166), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and
mailing address, e-mail address, or telephone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0166'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0166'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of

our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Regulatory Information

    The Coast Guard is issuing this temporary interim 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 temporary interim rule
because doing so would be both impracticable and contrary to the public
interest.
    The serious threat posed by Asian Carp migration requires swift
development and implementation of Federal and State countermeasures to
fight the spread of this invasive species. The Coast Guard anticipates
that Federal and State agencies, intensely focused on controlling the
Asian Carp migration, will often act with little notice when
implementing their countermeasures. Because the Coast Guard expects
these countermeasures to pose serious risks to life and property along
the waterways discussed in this rule, it is necessary that the Coast
Guard stand at the ready to rapidly respond to any action taken by
Federal or State agents. Waiting for the NPRM process to run would
delay the Coast Guard's readiness to protect the general public and
therefore, is impracticable and contrary to the 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. Just like with the NPRM process,
waiting 30 days after this rule's publication in the Federal Register
for it to go into effect would delay the Coast Guard's readiness and
ability to respond commensurate to any swift action taken by Federal
and State agencies. Delaying the effective date of this rule,
therefore, is impracticable and contrary to the public interest.
    While we are issuing this regulation under the good cause
provisions of the APA, we do value public input into our rulemaking.
For this reason, we request comments on this rule and may change the
provisions of this temporary regulation in response to comments.

Background and Purpose

    In 2007, the Department of the Interior through the Fish and
Wildlife Service listed the Asian Carp and the Silver Carp as Injurious
Wildlife Species. Based upon testing conducted by the United States
Army Corps of Engineers (USACE), the Asian Carp is presently migrating
toward the Great Lakes through the Chicago Sanitary and Ship Canal and
connected tributaries. If these aquatic nuisance species reach the
Great Lakes in sufficient numbers, scientists are concerned that they
might devastate the Great Lakes commercial and sport fishing
industries.
    The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, as amended by the National Invasive Species Act of 1996,
authorized the USACE to conduct a demonstration project to identify an
environmentally sound method for preventing and reducing the dispersal
of non-indigenous aquatic nuisance species through the Chicago Sanitary
and Ship Canal. The USACE selected an electric barrier because it is a
non-lethal deterrent with a proven history, which does not overtly
interfere with navigation in the canal.
    A demonstration dispersal barrier (Barrier I) was constructed and
has been in operation since April 2002. It is located approximately 30
miles from Lake Michigan and creates an electric field in the water by
pulsing low voltage DC current through steel cables secured to the
bottom of the canal. A second barrier (Barrier IIA) was constructed 800
to 1300 feet downstream of the Barrier I. Barrier IIA is currently
operating at two volts per inch. Construction on a third barrier
(Barrier IIB) is in the initial stages; Barrier IIB will augment the
capabilities of Barriers I and IIA and may allow for maintenance
operations without the use of aquatic nuisance species countermeasures.
    In November 2009, the USACE announced that it had discovered
environmental DNA (E-DNA) north of the fish barrier suggesting the
potential presence of Asian Carp. A possible explanation of barrier
circumvention by the aquatic nuisance species was through flooding in
parallel waterways, or the inadvertent transport of eggs, gametes or
juvenile carp in the non-potable water of vessels transiting the
barrier.
    The USACE is conducting further investigations to detect the
potential presence of Asian Carp and other aquatic nuisance species
both north and south of the fish barrier. Upon detection of the
presence of Asian Carp or other aquatic nuisance species within any
segment of the waterways covered by this safety zone, the USACE, along
with its Federal and State partners, may take action designed to
control the spread of aquatic nuisance species, within the area of
detection, as soon as practically possible. Due to the possibility of
Asian Carp fish or eggs circumventing the fish barrier, the USACE and
the Illinois Department of Natural Resources (IDNR) may conduct aquatic
nuisance species countermeasures in the vicinity of the fish barrier.
    One of the primary aquatic nuisance species countermeasures will be
the application of piscicide. The effective application of piscicide is
essential in preventing the Asian carp from entering the Great Lakes.
IDNR reports that vessels moored along waterways could create pockets
or eddies where the piscicide is not able to reach all of the targeted
aquatic nuisance species. As such, the Captain of the Port, Sector Lake
Michigan, must be able to order a vessel's immediate removal from any
enforced portion of the temporary safety zone. Exceptions may possibly
be granted upon the review of the Captain of the Port, Sector Lake
Michigan.
    Another aquatic nuisance species countermeasure that may be
employed will be targeted fishing operations. Fishing nets may be
deployed across the channel for extended periods of time which would
have an adverse effect on vessel traffic.
    The intent of aquatic nuisance species countermeasure operations by
the USACE and IDNR is to eradicate any Asian Carp or other aquatic
nuisance species that may be present in the waterways subject to this
temporary safety zone. The countermeasures taken by the USACE and IDNR
may have fatal effects to native fish species, in addition to the
targeted invasive species. Therefore, the USACE and IDNR will
specifically target those portions of waterways suspected of containing
Asian Carp and other aquatic nuisance species.

Discussion of Rule

    This rule places a temporary safety zone on 77 miles of waterways
from Brandon Road Lock and Dam (mile marker 286.0) to Lake Michigan,
including the waterways of the Des Plaines River, the CSSC, branches of
the Chicago River, and the Calumet-Saganashkee Channel (Cal-Sag
Channel). The Coast Guard has deemed this temporary safety zone
necessary to protect the waters, commercial vessels and recreational
boaters who transit the area during the application of aquatic nuisance
species countermeasures. Because it is difficult to predict with
certainty the type and degree of aquatic nuisance countermeasures that
might be in place along the affected waterways one year from now, this
rule is temporary in nature and expires on March 11, 2011. This rule
does not amend, remove or supersede 33 CFR Sec.  165.T09-1080, which
was published in the January 6, 2010 issue of the Federal Register (75
FR 759) to establish a safety zone and regulated navigation area (RNA)
on the CSSC near Romeo Road Bridge, Romeoville, IL, or any other
regulation currently applicable to the waterways covered by this safety
zone.
    The Captain of the Port, Sector Lake Michigan, may enforce this
safety zone in whole or in segments. Although the safety zone may be
enforced in its entirety, it is the intention of the Captain of the
Port, Sector Lake Michigan to enforce the safety zone, depending on the
circumstances, in the smallest segments possible. By enforcing only
segments of the safety zone, the Captain of the Port, Sector Lake
Michigan, retains the flexibility to focus enforcement efforts only on
those portions of the safety zone actually affected by aquatic nuisance
species countermeasures. It is expected that this enforcement scheme
will minimize waterway closures and any corresponding effects on vessel
traffic. Any segment of the temporary safety zone to be enforced shall
be delineated by mile markers and/or landmarks (e.g., Romeo Road
Bridge).
    Vessels may transit through any portion of the safety zone that is
not being enforced. Entry into, transiting, mooring, laying up, or
anchoring within an enforced segment of the safety zone, however, is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his or her designated representative. All vessels desiring
to enter a segment of a waterway in which this safety zone is being
enforced must obtain permission from the Captain of the Port, Sector
Lake Michigan, to do so and must follow all orders from the Captain of
the Port, Sector Lake Michigan, or his or her designated representative
while in the zone.
    Even during periods of enforcement, the Captain of the Port, Sector
Lake Michigan, will make every effort to permit vessel entry into any
enforced segment of the safety zone until on-scene preparations begin
for aquatic nuisance species countermeasures. Once on-scene
preparations begin and until clean-up is complete, however, no vessel,
except those being used for aquatic nuisance species countermeasures or
having permission from the Captain of the Port, Sector Lake Michigan,
will be permitted to enter or remain in an enforced segment of the
safety zone.
    As the necessary clean up actions are completed, the Captain of the
Port, Sector Lake Michigan, will begin to re-open segments of the
waterways in an effort to minimize disruption or waterway use. As soon
as the aquatic nuisance species eradication efforts are complete, the
safety zone will no longer be enforced and the Captain of the Port,
Sector Lake Michigan, will notify the public of such by all appropriate
means. Such means of notification include, but are not limited, to
Broadcast Notice to Mariners or Local Notice to Mariners.
    The Captain of the Port, Sector Lake Michigan, maintains a live
radio watch on VHF Channel 16 and a telephone line that is manned 24-
hours a day, seven days a week. The public can obtain information
concerning enforcement of the safety zone by contacting the Captain of
the Port, Sector Lake Michigan, via the Coast Guard Sector Lake
Michigan Command Center at<PHONE_NUMBER>.

Regulatory Analyses

    We developed this temporary interim rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be minimal. This
determination is based the following: (1) While this rule will
establish a temporary safety zone that is 77 miles long, the Captain of
the Port, Sector Lake Michigan, will have the authority to divide the
safety zone into segments for enforcement purposes. The Captain of the
Port, Sector Lake Michigan, will have the flexibility to enforce the
safety zone in only the segments of the safety zone affected by the
application of piscicide, targeted fishing operations, or other
countermeasures to address the problem of aquatic nuisance species
invasion; and (2) every effort will be made to reduce the closure time
of the enforced segments of the safety zone immediately following the
clean-up of the piscicide application.
    Because such safety zones must be implemented immediately without a
full notice and comment period, the full economic impact of this rule
is difficult to determine at this time. The Coast Guard urges
interested parties to submit comments that specifically address the
economic impacts of waterway closures. Comments can be made online by
going to http://www.regulations.gov, inserting USCG-2010-0166 in the
``Keyword'' box, and then clicking ``Search.'' While this temporary
interim rule is effective immediately, we may make changes to it based
upon comments that we receive from the public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary interim rule would have a significant
economic impact on a substantial number of small entities. 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.
    This temporary interim rule does not require a general notice of
proposed rulemaking and, therefore, is exempt from the requirements of
the Regulatory Flexibility Act. If you are a small entity and feel that
this temporary interim rule would have a significant economic impact on
your business, please submit a comment to the docket, explaining the
impacts.

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 the temporary interim rule so that they can
better evaluate its effects on them and participate in the rulemaking
process.
    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 temporary interim rule or
any policy or action of the Coast Guard.

Collection of Information

    This temporary interim rule calls for no new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

Federalism

    A temporary interim rule has implications for federalism under
Executive Order 13132, Federalism, if it has a substantial direct
effect on State or local governments and would either preempt State law
or impose a substantial direct cost of compliance on them. We have
analyzed this temporary interim rule under that Order and have
determined that it does not have implications for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This temporary interim 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.

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.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This
temporary interim 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.

Indian Tribal Governments

    This temporary interim 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.

Energy Effects

    We have analyzed this temporary interim rule under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This temporary interim rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

Environment

    We have analyzed this temporary interim 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 concluded that this action is one of the category of
actions which do not individually or cumulatively have significant
effect on the human environment. Therefore, this rule is categorically
excluded, under section 2.B.2 Figure 2-1, paragraph (34)(g), of the
Instruction and neither an environmental assessment nor an
environmental impact statement is required. This rule involves the
establishing, disestablishing, or changing of a security or safety
zone. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. The Coast Guard's environmental responsibilities extend only
to the creation of a safety zone and do not include the application of
piscicide or any other countermeasures to combat invasive species.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard temporarily
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. 1226, 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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. From May 11, 2010 until March 1, 2011, add Sec.  165.T09-0166 to
read as follows:

Sec.  165.T09-0166  Safety Zone, Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River, Chicago Sanitary and Ship Canal,
Chicago River, and Calumet-Saganashkee Channel, Chicago, IL.

    (a) Location. The following areas are a temporary safety zone:
    (1) Des Plaines River. All U.S. waters of the Des Plaines River
located between mile marker 286.0 (Brandon Road Lock and Dam) and mile
marker 290.0 (point at which the Des Plaines River connects

with the Chicago Sanitary and Ship Canal).
    (2) Chicago Sanitary and Ship Canal. All U.S. waters of the Chicago
Sanitary and Ship Canal between mile marker 290.0 (point at which the
Chicago Sanitary and Ship Canal connects to the Des Plaines River) and
mile marker 321.8 (point at which the Chicago Sanitary and Ship Canal
Connects to the South Branch Chicago River).
    (3) South Branch Chicago River. All U.S. waters of the South Branch
Chicago River between mile marker 321.8 (point at which the South
Branch Chicago River connects to the Chicago Sanitary and Ship Canal)
and mile marker 325.6 (point at which the South Branch Chicago River
connects to the Chicago River (Main Branch) and North Branch Chicago
River).
    (4) Chicago River (Main Branch). All U.S. waters of the Chicago
River (Main Branch) between mile marker 325.6 (point at which the
Chicago River connects to the South Branch Chicago River) and 100 yards
extending past the end of the Chicago River covering the area of the
Federal channel within Chicago Harbor.
    (5) North Branch Chicago River. All U.S. waters of the North Branch
Chicago River between mile marker 325.6 (point at which the North
Branch Chicago River connects to the Chicago River (Main Branch) and
the South Branch Chicago River) and mile marker 331.4 (end of
navigation channel).
    (6) Calumet-Saganashkee Channel. All U.S. waters of the Calumet-
Saganashkee Channel between mile marker 303.5 (point at which the
Calumet-Saganashkee Channel connects to the Chicago Sanitary and Ship
Canal) and mile marker 333.0; all U.S. waters of the Calumet-
Saganashkee Channel between mile marker 333.0 and Lake Michigan
(Calumet Harbor).
    (b) Effective Period. This rule is effective in the CFR on May 11,
2010 This rule is effective with actual notice for purposes of
enforcement on April 28, 2010. This rule will remain in effect until
March 1, 2011.
    (c) Enforcement.
    (1) The Captain of the Port, Sector Lake Michigan, may enforce this
safety zone in whole, in segments, or by any combination of segments.
The Captain of the Port, Sector Lake Michigan, may suspend the
enforcement of any segment of this safety zone for which notice of
enforcement had been given.
    (2) The safety zone established by this section will be enforced,
pursuant to paragraph (c)(1) of this section, only upon notice by the
Captain of the Port, Sector Lake Michigan. Suspension of any previously
announced period of enforcement will also be provided by the Captain of
the Port, Sector Lake Michigan. All notices of enforcement and notices
of suspension of enforcement will clearly describe any segments of the
safety zone affected by the notice. At a minimum, notices of
enforcement and notices of suspension of enforcement will identify any
affected segments by reference to mile markers. When possible, the
Captain of the Port, Sector Lake Michigan, will also identify enforced
segments of this safety zone by referencing readily identifiable
geographical points. In addition to providing the geographical bounds
of any enforced segment of this safety zone, notices of enforcement and
notices of suspension of enforcement will also provide the date(s) and
time(s) at which enforcement will commence or suspend.
    (3) The Captain of the Port, Sector Lake Michigan, will publish
notices of enforcement and notices of suspension of enforcement in
accordance with 33 CFR 165.7(a) and in a manner to provide as much
notice to the public as possible. The primary method of notification
will be through publication in the Federal Register. The Captain of the
Port, Sector Lake Michigan, will also provide notice through other
means, such as Broadcast Notice to Mariners, local Notice to Mariners,
local news media, distribution in leaflet form, and on-scene oral
notice. Additionally, the Captain of the Port, Sector Lake Michigan,
may notify representatives from the maritime industry through
telephonic and email notifications.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, mooring, laying up, or anchoring
within any enforced segment of the safety zone is prohibited unless
authorized by the Captain of the Port, Sector Lake Michigan, or his or
her designated representative.
    (2) The ``designated representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The designated representative of
the Captain of the Port, Sector Lake Michigan, will be aboard a Coast
Guard, Coast Guard Auxiliary, or other designated vessel or will be on
shore and will communicate with vessels via VHF radio, loudhailer, or
by phone. The Captain of the Port, Sector Lake Michigan, or his or her
designated representative may be contacted via VHF radio Channel 16 or
the Coast Guard Sector Lake Michigan Command Center at<PHONE_NUMBER>.
    (3) To obtain permission to enter or operate within an enforced
segment of the safety zone established by this section, Vessel
operators must contact the Captain of the Port, Sector Lake Michigan,
or his or her designated representative. Vessel operators given
permission to operate in an enforced segment of the safety zone must
comply with all directions given to them by the Captain of the Port,
Sector Lake Michigan, or his or her designated representative.
    (4) When a segment of the safety zone is being enforced, it will be
closed to all vessel traffic, except as may be permitted by the Captain
of the Port, Sector Lake Michigan, or his or her designated
representative. As soon as operations permit, the Captain of the Port,
Sector Lake Michigan, will issue a notice of suspension of enforcement
as specified in paragraph (c) of this section.
    (5) All persons entering any enforced segment of the safety zone
established in this section are advised that they do so at their own
risk.

    Dated: April 28, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, U.S. Coast Guard Sector
Lake Michigan.
[FR Doc. 2010-11083 Filed 5-10-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Notices]
[Pages 6373-6377]
[FR Doc No: 2013-01982]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68713; File No. SR-EDGX-2013-01]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Fees for EdgeBook Attributed\SM\

January 23, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 15, 2013 EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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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 (i) charge Members \3\ and non-Members
fees for internal and external distribution of EdgeBook Attributed\SM\,
the Exchange's attributed book feed, and (ii) offer a new incentive
program for Members that choose to attribute orders on the Exchange
(the ``Edge Attribution

Incentive Program''). All of the changes described herein are
applicable to EDGX Members and non-Members, except for the Edge
Attribution Incentive Program, which is applicable only to EDGX
Members. The text of the proposed rule change is available on the
Exchange's Internet Web site at www.directedge.com, at the Exchange's
principal office, and at the Public Reference Room of the Commission.
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    \3\ As defined in Rule 1.5(n).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In SR-EDGX-2011-18,\4\ the Exchange made available the EDGX Book
Feed (``EdgeBook Depth X\SM\'') to Members and non-Members. EdgeBook
Depth X\SM\ is a data feed that contains all orders for securities
trading on the Exchange, including all displayed orders for listed
securities trading on EDGX, order executions, order cancellations,
order modifications, order identification numbers and administrative
messages. EdgeBook Depth X\SM\ offers real-time data, thereby allowing
Member firms to more accurately price their orders based on EDGX's view
of the depth of book information. It also provides Members the ability
to track their own orders from order entry to execution. It is
available in both unicast and multicast formats.
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    \4\ See Securities Exchange Act Release No. 64791 (July 1,
2011), 76 FR 39944 (July 7, 2011) (SR-EDGX-2011-18).
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    In SR-EDGX-2012-14,\5\ the Exchange modified the EDGX fee schedule
by codifying the fees associated with the receipt of EdgeBook Depth
X\SM\. In SR-EDGX-2012-32,\6\ the Exchange amended Rule 11.5, entitled
``Orders and Modifiers'', to allow for the use of Attributable Orders
\7\ submitted to the Exchange on EdgeBook Depth X\SM\, namely EdgeBook
Attributed\SM\, without charge. EdgeBook Attributed\SM\ allows Members
and non-Members of the Exchange (collectively referred to as
``Recipients'') the option to view the market participant identifier
(``MPID'') of Members of the Exchange who choose to display their
MPID(s) on EdgeBook Depth X\SM\ on an order-by-order basis through the
use of Attributable Orders.
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    \5\ See Securities and Exchange Release No. 66864 (Apr. 26,
2012), 77 FR 26064 (May 2, 2012) (SR-EDGX-2012-14). The current fees
for EDGX Book Feed (now called EdgeBook Depth X\SM\) are $500/month
for internal distribution and $2,500/month for external
distribution. The proposed rule filing does not impact the current
EdgeBook Depth X\SM\ fees with regard to the non-attributed book
feed.
    \6\ See Securities Exchange Act Release No. 67554 (Aug. 1,
2012), 77 FR 47152 (Aug. 7, 2012) (SR-EDGX-2012-32).
    \7\ See EDGX Rule 11.5(c)(18).
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    Upon the Exchange's initial offering of EdgeBook Attributed\SM\,
such service was provided at no cost. In SR-EDGX-2012-32, the Exchange
stated that ``[s]hould EDGX determine to charge fees associated with
EdgeBook Attributed\SM\, EDGX will submit a proposed rule change to the
[Securities and Exchange] Commission in order to implement those
fees.'' \8\ This proposal is designed to implement fees for the receipt
of EdgeBook Attributed\SM\ and introduce the Edge Attribution Incentive
Program.
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    \8\ See Securities Exchange Act Release No. 67554 (Aug. 1,
2012), 77 FR 47152, 47153 (Aug. 7, 2012) (SR-EDGX-2012-32).
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    The proposed rule change to the EDGX fee schedule codifies such a
fee associated with the receipt of EdgeBook Attributed\SM\. Such fees
are in addition to the current fees assessed for EdgeBook Depth X\SM\
for both Internal and External Distributors.\9\ The amount of the
monthly fees for EdgeBook Attributed\SM\ would depend on whether the
distributor is an ``Internal Distributor'' or ``External Distributor.''
Internal Distributors are proposed to be charged $2,500 per month for
EdgeBook Attributed\SM\ and External Distributors are proposed to be
charged $5,000 per month for EdgeBook Attributed\SM\. The fee paid by
an External Distributor includes the Internal Distributor Fee and thus
allows an External Distributor to provide data both internally (i.e.,
to users within their own organization) and externally (to users
outside their own organization). Additionally, Distributors will only
pay one distributor fee, regardless of the number of locations or users
to which the feed is received or distributed. Finally, Distributors
will not be charged user fees for receiving EdgeBook Attributed\SM\.
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    \9\ A ``Distributor'' of Exchange data is any entity that
receives EdgeBook Depth X\SM\ directly from the Exchange or
indirectly through another entity and then distributes such data
either internally (within that entity) (``Internal Distributor'') or
externally (outside that entity) (``External Distributor'').
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    The Exchange also proposes to adopt an Edge Attribution Incentive
Program to encourage Members to utilize Attributable Orders to convey
their identity on EdgeBook Attributed\SM\ by providing Members with an
opportunity to be rewarded for providing their valuable data to the
Exchange. In particular, the Edge Attribution Incentive Program would
provide a payment to Members who enter Attributable Orders into the
Exchange's System \10\ in at least 100 symbols over 10 consecutive
trading days over the course of a month. Each month the Exchange would
set aside 25% of the revenue generated in connection with fees received
from EdgeBook Attributed\SM\, as described above (the ``Revenue
Allotment''). From the Revenue Allotment, the Exchange would provide a
payment to eligible Members who qualified for the Edge Attribution
Incentive Program based on the percentage of executed share volume from
their Attributable Orders entered into the Exchange's System. For
example, if a Member qualifies for the Edge Attribution Incentive
Program and that Member's Attributable Orders accounted for 10% of all
executed shares from Attributable Orders entered into the Exchange's
System for that month, such Member would receive 10% of the Revenue
Allotment. The remaining 90% of the funds in the Revenue Allotment
would be distributed as payments to other Members that met the
requirements of the Edge Attribution Incentive Program based on their
respective executed share of volume from Attributable Orders entered
into the Exchange's System. In addition, a Member is not required to
purchase EdgeBook Attributed\SM\ in order to receive payment under the
Edge Attribution Incentive Program.
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    \10\ As defined in Rule 1.5(cc).
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    The Exchange intends to implement the proposed rule change on or
about February 1, 2013.
2. Statutory Basis
    The Exchange believes that the proposed rule change to the EDGX fee
schedule for EdgeBook Attributed\SM\ is consistent with the objectives
of Section 6 of the Securities Exchange Act of 1934 (the ``Act''),\11\
in general, and furthers the objectives of Section 6(b)(4) \12\ in
particular, as it is designed to provide for the equitable allocation
of reasonable dues, fees and other charges among its

members and issuers and other persons using any facility or system
which the Exchange operates or controls. The fees are not unreasonably
discriminatory and are equitably allocated. The fees for Members and
non-Members are uniform except with respect to reasonable distinctions
with respect to internal and external distribution.\13\ The Exchange
proposes charging External Distributors more than Internal Distributors
because of higher administrative costs associated with monitoring
External Distributors ongoing reporting, as provided in the Direct Edge
Data Vendor Agreement and market data requirements referenced therein.
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    \11\ 15 U.S.C. 78s(b)(1)
    \12\ 15 U.S.C. 78f(b)(4).
    \13\ The Exchange notes that distinctions based on external
versus internal distribution have been previously filed with the
Commission by the Exchange, NASDAQ Exchange, NASDAQ OMX BX, and
NASDAQ OMX PSX. See Securities and Exchange Act Release No. 66864
(Apr. 26, 2012), 77 FR 26064 (May 2, 2012) (SR-EDGX-2012-14). See
also Nasdaq Rule 7019(b). See also Securities Exchange Act Release
No. 62876 (September 9, 2010), 75 FR 56624 (September 16, 2010) (SR-
Phlx-2010-120). See also Securities Exchange Act Release No. 62907
(September 14, 2010), 75 FR 57314 (September 20, 2010) (SR-NASDAQ-
2010-110). See also Securities Exchange Act Release No. 63442
(December 6, 2010), 75 FR 77029 (December 10, 2010) (SR-BX-2010-
081).
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    The fees are fair and reasonable because they compare favorably to
fees that other markets charge for similar products.\14\ For example,
NASDAQ's depth of book data feed, the NASDAQ TotalView ITCH
(``TotalView''), features all displayed quotes and orders attributed to
specific market participants.\15\ TotalView provides market
participants with multiple and varied services in a single feed.\16\
While the cost of TotalView varies by number of subscribers and the
specific type of access, each fee provides the entire TotalView book
feed, inclusive of all services and features, including attribution of
orders. Conversely, EdgeBook Attributed\SM\ is unlike other market data
products such as TotalView. Members and non-Members who subscribe to
EdgeBook Attributed\SM\ must also subscribe to EdgeBook Depth. However,
Members and non-Members who subscribe to EdgeBook Depth X\SM\ are not
obligated to purchase or subscribe to EdgeBook Attributed\SM\. Thus,
the Exchange differentiates its pricing accordingly. The Exchange
intends to charge a single, flat rate for EdgeBook Attributed\SM\ as it
views it as an optional, a la carte feature which enhances the value
and scope of information on EdgeBook Depth X\SM\. Therefore, the
pricing of EdgeBook Attributed\SM\ will necessarily and understandably
differ from market data products such as TotalView, which offer bundled
pricing for the entire book feed, instead of a la carte pricing for
specific features.\17\ In addition, the fees are fair and reasonable
because competition provides an effective constraint on the market data
fees that the Exchange has the ability and incentive to charge for its
market data products.
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    \14\ Other exchanges offer a version of their book feed with
member order attribution. See, e.g., BATS, Market Data Products,
Multicast PITCH, http://www.batstrading.com/market_data/products/
(describing BATS Multicast PITCH, which provides depth of book
quotations and execution information while providing optional
attribution functionality); Securities Exchange Act Release No.
63291 (Nov. 9, 2010), 75 FR 70311 (Nov. 17, 2010) (SR-NYSEArca-2010-
97) (describing NYSE Arcabook, which includes, among other things,
displays of attributed orders by market makers and ETP holders);
Securities Exchange Act Release No. 46521 (Sept. 20, 2002), 76 FR
61179 (Sept. 27, 2002) (SR-NASD-2002-33) (describing NASDAQ
TotalView data feed, which includes, among other things, displays of
attributed quotes and orders).
    \15\ TotalView features both attributed and non-attributed
feeds. See Securities Exchange Act Release No. 46521 (Sept. 20,
2002), 76 FR 61179 (Sept. 27, 2002) (SR-NASD-2002-33). NYSE ArcaBook
features an attributed feed at a fee of $750 per month, in addition
to separate fees for professional and non-professional subscribers
ranging from $0-15 per month. See NYSE Technologies, Market Data,
NYSE ArcaBook, http://www.nyxdata.com/arcabook.
    \16\ See NASDAQ, NASDAQ TotalView-ITCH, http://www.nasdaqtrader.com/trader.aspx?id=totalview (describing services
and fees for TotalView).
    \17\ For example, TotalView is priced at a monthly fee of $70
per professional or corporate subscriber and $14 per non-
professional subscriber for coverage of NASDAQ issued securities,
and $6 per professional or corporate subscriber and $1 per non-
professional subscriber for coverage of NYSE and Amex issued
securities. See NASDAQ, NASDAQ TotalView-ITCH, http://www.nasdaqtrader.com/trader.aspx?id=totalview.
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    The revenue generated from purchases of EdgeBook Attributed\SM\
will pay for the development, marketing, technical infrastructure and
operating costs of an important tool for Recipients to use for purposes
such as analysis and intake of additional information to assist them in
their ultimate trading decisions. Profits generated above these costs
will help offset the costs that the Exchange incurs in operating and
regulating a highly efficient and reliable platform for the trading of
U.S. equities. Furthermore, the increased revenue stream from EdgeBook
Attributed\SM\ will allow the Exchange to continue to offer it at a
reasonable rate, consistent with fees that other markets charge for
similar products.
    The Exchange believes that Members will recognize the value of
EdgeBook Attributed\SM\ and that the increased transparency of
liquidity on EdgeBook Attributed\SM\ will beget additional liquidity.
As a result, the Exchange believes that increased value in the data
disseminated helps Exchange members hone in on trading opportunities by
better understanding the quality and transparency of the Exchange's
quote quality. This will, in turn, help to enhance the overall
execution quality on the Exchange.
    The Exchange also believes that the proposed fees for EdgeBook
Attributed\SM\ are consistent with Section 6(b)(5) of the Act,\18\
which requires, among other things, that the Exchange's rules not be
designed to unfairly discriminate between customers, issuers, brokers
or dealers. The Exchange makes all services and products subject to
these fees available on a non-discriminatory basis to similarly
situated Recipients because the service is purely optional and fees
charged for EdgeBook Attributed\SM\ will apply uniformly to all
Recipients, irrespective of whether the Recipient is a Member of the
Exchange. Purchase of the Service is not a prerequisite for
participation on the Exchange, nor is membership to the Exchange a
prerequisite to purchase the Service. Only those Recipients that deem
the product to be of sufficient overall value and usefulness will
purchase it.
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    \18\ 15 U.S.C. 78f(b)(5).
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    In addition, the proposed fees are also consistent with Section
6(b)(5) of the Act \19\ as 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 regulating, clearing, settling, processing
information with respect to and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. EDGX believes that this
proposal is in keeping with those principles as it will benefit all
Recipients by: (i) Promoting transparency through the codification of
uniform fees for EdgeBook Attributed\SM\; and (ii) providing additional
information regarding quotations displayed on the Exchange by various
Members, which may aid Recipients in their trading decisions.
Specifically, any Member that wishes to publicly disclose their
identity (through their MPID) by using Attributable Orders will be
permitted to do so, and such Attributable Orders will be analogous to
the orders or quotations that these same Members provide in other
contexts (e.g., on the floor of a floor-based stock exchange or in the
over-the-counter market through direct interaction). In addition, the
Exchange

believes that EdgeBook Attributed\SM\ furthers the objectives of
Section 6(b)(5) of the Act \20\ by promoting increased quote
transparency as Members are encouraged to utilize Attributable Orders
through the Edge Attribution Incentive Program. The increased use of
Attributable Orders by Members would provide additional, useful
information regarding orders/quotations displayed on the Exchange,
including information on the identity of contra-parties to
transactions. The Exchange believes that this enhanced information
would aid Recipients of EdgeBook Attributed\SM\ in their trading
decisions. In addition, EDGX has made a voluntary decision to make
EdgeBook Attributed\SM\ available. EDGX is not required by the Act in
the first instance to make the data available. EDGX has chosen to make
EdgeBook Attributed\SM\ available to improve market quality, attract
order flow, and increase transparency. It will continue to make such
data available until such time as it changes its rule.
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    \19\ 15 U.S.C. 78f(b)(5).
    \20\ 15 U.S.C. 78f(b)(5).
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    The Exchange also believes that the proposal is consistent with the
goals of Regulation NMS.\21\ In adopting Regulation NMS, the Commission
granted self-regulatory organizations and broker-dealers increased
authority and flexibility to offer new and unique market data services
to the public. The Commission believed this authority would expand the
amount of data available to market participants, and also spur
innovation and competition for the provision of market data. EdgeBook
Attributed\SM\ appears to be precisely the sort of market data service
that the Commission envisioned when it adopted Regulation NMS.\22\
EdgeBook Attributed\SM\ will allow Recipients to purchase a service
that will provide them a means to view the MPID of certain Members who
choose to use Attributable Orders while at the same time enabling the
Exchange to better cover its infrastructure costs and to improve its
market technology and services. Efficiency is promoted when Members who
do not need the EDGX Book Feed data are not required to receive (and
pay for) such data. The Exchange also believes that efficiency is
promoted when Members may choose to receive (and pay for) additional
market data based on their own internal analysis of the need for such
data. Competition is promoted as the Exchange cannot set unreasonable
fees without losing business to its competitors.\23\
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    \21\ See Securities Exchange Act Release No. 51808 (June 9,
2006), 70 FR 37496 (June 29, 2005) (sic).
    \22\ See Securities and Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37597 (June 29, 2005) (``[E]fficiency is
promoted when broker-dealers who do not need the data beyond the
prices, sizes, market center identifications of the NBBO and
consolidated last sale information are not required to receive (and
pay for) such data. The Commission also believes that efficiency is
promoted when broker-dealers may choose to receive (and pay for)
additional market data based on their own internal analysis of the
need for such data.'').
    \23\ See infra discussion in section on ``Self-Regulatory
Organization's Statement on Burden on Competition.''
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    Additionally, the Exchange believes that the Edge Attribution
Incentive Program furthers the objectives of Section 6(b)(4) \24\ in
particular, as it is designed to provide for the equitable allocation
of reasonable dues, fees and other charges among members and issuers
and other persons using any facility or system which the Exchange
operates or controls. The Edge Attribution Incentive Program encourages
Members to utilize Attributable Orders to convey their identity on
EdgeBook Attributed\SM\. It represents a reasonable and equitable
approach in that it financially rewards those Members that provide
their valuable data to the Exchange and thereby help to contribute to
the overall quality of EdgeBook Attributed\SM\ as a data feed.
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    \24\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the Edge Attribution Incentive Program
is also equitable and reasonable because it will attract additional
order flow from Members motivated to receive the incentive offered,
thereby enhancing the quality of the data on EdgeBook Depth X\SM\.
Attributable Orders, similar to all market data, provide Members with
valuable trading information and provide increased transparency to
investors. The Exchange believes that such increased transparency will
lead to additional order flow and increased opportunities for price
discovery by Members. Specifically, the Exchange believes that the Edge
Attribution Incentive Program will also increase order flow as Members
will be motivated to receive the incentive offered under the Edge
Attribution Incentive Program, and contra-side parties will look to
execute against Members that are attributing their orders. For example,
Market Makers \25\ may want to utilize Attributable Orders to advertise
the names of the securities they trade in to attract potential issuers
or to advertise to the market that they maintain an inventory in
particular securities. Similarly, retail brokerage firms may desire to
utilize Attributable Orders to advertise their firm names with the
intent to draw in contra-parties to trade against and thus bolster
execution quality, price discovery, and resulting speed of execution
for their clients. The associated potential rise in order volume would
increase the potential revenue to the Exchange, allowing the Exchange
to spread its administrative and infrastructure costs over a greater
number of shares. These lower per share costs in turn would allow the
Exchange to pass on such savings to Members in the form of such an
incentive. The increased liquidity would also benefit investors by
deepening EDGX's liquidity pool, allowing investors to enjoy cost
savings as a result of obtaining better execution quality, supporting
the quality of price discovery, promoting market transparency and
improving investor protection.
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    \25\ As defined in Rule 1.5(l).
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    The incentive is similar to other volume-based rebates on the
Exchange, which have been widely adopted in the cash equities
markets.\26\ The Exchange believes the Edge Attribution Incentive
Program, which is similar to other volume-based rebates on the
Exchange's fee schedule, is equitable because it is available and
uniformly applied to all Members. The Edge Attribution Incentive
Program also provides discounts that are reasonably related to the
value of an exchange's market quality associated with higher levels of
market activity, such as higher levels of liquidity provision and
introduction of higher volumes of orders into the price and volume
discovery processes.
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    \26\ EDGX allows Members to utilize volume-based tiers, as
described in Footnotes 1 and 2, among others, to the EDGX Fee
Schedule. See, e.g., EDGX Fee Schedule, http://www.directedge.com/Membership/FeeSchedule/EDGXFeeSchedule.aspx.
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    The Exchange believes that the Edge Attribution Incentive Program
is consistent with Section 6(b)(5) of the Act,\27\ which requires,
among other things, that the Exchange's rules not be designed to
unfairly discriminate between customers, issuers, brokers or dealers.
The Exchange believes that the Edge Attribution Incentive Program is
equitable because participation in the Edge Attribution Incentive
Program is purely optional. Only those Members that deem the Edge
Attribution Incentive Program to be of sufficient overall value and
usefulness will participate. Moreover, the requirements necessary to
qualify for payments received under the Edge Attribution Incentive
Program (at least 100 symbols over 10 consecutive trading days over the
course of a month) are equitable and do not unfairly discriminate
between Members who choose to attribute, as the

payments will be offered uniformly to all Members who meet such
requirements. Such requirements provide a clear benchmark by
identifying a threshold that is not unreasonably difficult for a
meaningful and consistent attributor to achieve. As Attributable Orders
contain valuable trading information to the Exchange, the Edge
Attribution Incentive Program is not unfairly discriminatory in its
design to allocate the Revenue Allotment to Members who attribute in
proportion to the executed share volume from such Member's Attributable
Orders entered into the Exchange's System. Such data is also valuable
to Members and non-Members who use the additional information for
various purposes. For example, certain Recipient broker-dealers may use
the data to aid their trading decisions, while Recipient smart routers
may use the data to aid in building their own consolidated ticker
plant. Such information enhances a Recipient's trading decisions as the
transparency of knowing the identity of the potential counterparty may
provide a Recipient with additional information regarding the
reliability and quality of the attributed quote.
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    \27\ 15 U.S.C. 78f(b)(5).
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    Lastly, the Exchange believes that the Edge Attribution Incentive
Program furthers the objectives of Section 6(b)(5) of the Act \28\ by
promoting increased quote transparency on EdgeBook Attributed\SM\ as
Members are encouraged to utilize Attributable Orders. The increased
use of Attributable Orders by Members would increase transparency by
providing additional, useful information regarding orders/quotations
displayed on the Exchange, including information on the identity of
contra-parties to transactions. The Exchange believes that this
enhanced information would aid Recipients of EdgeBook Attributed\SM\ in
their trading decisions.
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    \28\ 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
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
    There is significant competition for the provision of market data
to market participants, as well as competition for the orders that
generate that data. In introducing the proposed fees for EdgeBook
Attributed\SM\, the Exchange would be providing a service similar to
those already offered by other market centers.\29\ The existence of
such alternatives ensures that the Exchange cannot set unreasonable
fees, or fees that are unreasonably discriminatory, without losing
business to these alternatives. Thus, as the fees are consistent with
those charged by the Exchange's competitors, EdgeBook Attributed\SM\
would promote competition if it succeeds in providing market
participants with viable and cost-effective alternatives which drive
the market to continually improve products and services to cater to
customers' data needs. Accordingly, the Exchange does not believe that
the fees for EdgeBook Attributed\SM\ will result in any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
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    \29\ See, e.g., BATS, Market Data Products, Multicast PITCH,
http://www.batstrading.com/market_data/products/; Securities
Exchange Act Release No. 63291 (Nov. 9, 2010), 75 FR 70311 (Nov. 17,
2010) (SR-NYSEArca-2010-97) (describing NYSE Arcabook); Securities
Exchange Act Release No. 46521 (Sept. 20, 2002), 76 FR 61179 (Sept.
27, 2002) (SR-NASD-2002-33) (describing NASDAQ TotalView).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from its Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \30\ and paragraph (f) of Rule 19b-4
thereunder.\31\ 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.
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    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f).
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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-EDGX-2013-01 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-EDGX-2013-01. 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-EDGX-2013-01 and should be
submitted on or before February 20, 2013.
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    \32\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-01982 Filed 1-29-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Notices]
[Pages 14356-14358]
[FR Doc No: 2021-05238]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91283; File No. SR-NYSEArca-2020-105]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change Relating To List and Trade the Shares of the Teucrium Water
Fund Under NYSE Arca Rule 8.200-E, Commentary .02

March 9, 2021.
    On November 25, 2020, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade the shares (``Shares'') of the
Teucrium Water Fund (``Fund'') under NYSE Arca Rule 8.200-E, Commentary
.02. The proposed rule change was published for comment in the Federal
Register on December 14, 2020.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 90608 (December 8,
2020), 85 FR 80854 (``Notice'').
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    On January 14, 2021, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ The Commission has received no comment letters on the
proposed rule change. This order institutes proceedings under Section
19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 90927, 86 FR 6719
(January 22, 2021). The Commission designated March 14, 2021, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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I. Summary of the Proposal 7
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    \7\ The Commission notes that additional information regarding
the Trust, the Shares, and the Fund, including investment
strategies, calculation of net asset value and indicative fund
value, creation and redemption procedures, and additional background
information about the water market and water futures contracts,
among other things, can be found in the Notice and the registration
statement filed with the Commission on Form S-1 (File No. 333-
248948) under the Securities Act of 1933, as applicable.
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    The Exchange proposes to list and trade the Shares of the Fund
under NYSE Arca Rule 8.200-E, Commentary .02, which governs the listing
and trading of Trust Issued Receipts on the Exchange.\8\ The Fund,
which will be managed and controlled by Teucrium Trading, LLC
(``Sponsor''), is a series of Teucrium Commodity Trust (``Trust'').\9\
U.S. Bank, N.A. will be the custodian for the Fund, and U.S. Bancorp
Fund Services, LLC (``Administrator'') will be the administrator and
transfer agent for the Fund.\10\ Foreside Fund Services,

LLC will serve as the distributor of the Shares (``Distributor'').\11\
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    \8\ See NYSE Arca Rule 8.200-E, Commentary .02. NYSE Arca Rule
8.200-E permits the listing and trading of ``Trust Issued
Receipts,'' defined as a security (1) that is issued by a trust that
holds specific securities deposited with the trust; (2) that, when
aggregated in some specified minimum number, may be surrendered to
the trust by the beneficial owner to receive the securities; and (3)
that pay beneficial owners dividends and other distributions on the
deposited securities, if any are declared and paid to the trustee by
an issuer of the deposited securities. Commentary .02 applies to
Trust Issued Receipts that invest in ``Financial Instruments,''
which are defined as any combination of investments, including cash;
securities; options on securities and indices; futures contracts;
options on futures contracts; forward contracts; equity caps,
collars, and floors; and swap agreements.
    \9\ See Notice, 85 FR at 80854.
    \10\ See id.
    \11\ See id.
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    According to the Exchange, the investment objective of the Fund is
for changes in the Shares' Net Asset Value (``NAV'') to reflect the
changes of the price of water rights in the state of California, as
measured by the Fund's Benchmark.\12\ The ``Benchmark'' is a weighted
average of the closing settlement prices for three equally weighted
Nasdaq Veles California Water index futures contracts (``Benchmark
Component Futures Contracts'') that are traded on the Chicago
Mercantile Exchange Inc. (``CME'').\13\ The Benchmark Component Futures
Contracts are financially settled and trade eight consecutive quarterly
contracts (March, June, September, and December) plus the two nearest
serial months that are not included in the quarterly contracts.\14\ The
Benchmark will have three components, consisting of equally weighted
Benchmark Component Futures Contracts selected from the following
contract months: May, June, July, August, and September.\15\ The
Benchmark will always hold a June contract month.\16\ The Benchmark
will roll upon the expiration of the February, May, June, July, and
August contract months.\17\ The Benchmark is not designed to track the
spot price of water or water rights.\18\
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    \12\ See id.
    \13\ See id.
    \14\ See id.
    \15\ See id.
    \16\ See id.
    \17\ See id.
    \18\ See Notice, 85 FR at 80855. According to the Exchange, the
Nasdaq Veles California Water Index, which was designed to provide
water market participants with a price for water through verifiable
price discovery, sets a weekly benchmark spot price of water rights
in California, based on the volume-weighted average of the
transaction price in California's five largest and most actively
traded water markets.
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    The Fund will seek to achieve its investment objective by investing
in Benchmark Component Futures Contracts.\19\ Under normal market
conditions, the Fund expects that 100% of the Fund's assets will be
invested in Benchmark Component Futures Contracts and in cash and cash
equivalents, such as short-term Treasury Bills, money market funds,
demand deposit accounts, and commercial paper.\20\ The Fund may, to a
lesser extent, obtain exposure to the Benchmark through investment in
over-the-counter (``OTC'') swap agreements, OTC forward contracts, both
exchange-listed and OTC options, exchange-listed futures, and exchange-
listed options on futures.\21\ Not more than 10% of the net assets of
the Fund in the aggregate invested in exchange-traded futures contracts
or exchange-traded options on futures shall consist of futures
contracts or options on futures whose principal market is not a member
of the Intermarket Surveillance Group (``ISG'') or is a market with
which the Exchange does not have a comprehensive surveillance sharing
agreement (``CSSA'').\22\
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    \19\ See id.
    \20\ See id.
    \21\ See id.
    \22\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Fund may trade on markets that are members of ISG or with which the
Exchange has in place a CSSA.
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    The Fund's NAV per Share will be calculated by taking the current
market value of its total assets, subtracting any liabilities, and
dividing that total by the number of Shares.\23\ The Administrator will
calculate the NAV once each trading day, as of the earlier of the close
of the New York Stock Exchange or 4:00 p.m. Eastern Standard Time
(``E.T.'').\24\ In order to provide updated information relating to the
Fund for use by investors and market professionals, ICE Data Indices,
LLC will calculate an updated ``Indicative Fund Value'' (``IFV''). The
IFV will be calculated by using the prior day's closing NAV per Share
of the Fund as a base and will be updated throughout the Exchange's
Core Trading Session of 9:30 a.m. E.T. to 4:00 p.m. E.T. to reflect
changes in the value of the Fund's water interests during the trading
day. The IFV will be disseminated on a per-Share basis every 15 seconds
during the Exchange's Core Trading Session and be widely disseminated
by one or more major market data vendors during the NYSE Arca Core
Trading Session.\25\
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    \23\ See Notice, 85 FR at 80856.
    \24\ See id.
    \25\ According to the Exchange, several major market data
vendors display and/or make widely available IFVs taken from the CTA
or other data feeds. In addition, the normal trading hours for Water
Futures Contracts on CME are generally shorter than those of NYSE
Arca. As a result, there is a gap in time at the beginning and the
end of each day during which the Fund's Shares are traded on NYSE
Arca, but real-time CME trading prices for Water Futures Contracts
are not available. During such gaps, there will be no update to the
IFV.
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II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2020-105 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \26\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\27\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \28\
---------------------------------------------------------------------------

    \27\ Id.
    \28\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, or
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\29\
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    \29\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Ame2ndments of 1975, Senate Comm.
on Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by April 5, 2021. Any person who wishes to file a rebuttal
to any other person's submission must file

that rebuttal by April 19, 2021. The Commission asks that commenters
address the sufficiency of the Exchange's statements in support of the
proposal, which are set forth in the Notice,\30\ in addition to any
other comments they may wish to submit about the proposed rule change.
In particular, the Commission seeks comment on the following:
---------------------------------------------------------------------------

    \30\ See Notice, supra note 3.
---------------------------------------------------------------------------

    1. What are commenters' views on whether the market in Benchmark
Component Futures Contracts represents a significant market, i.e., a
market of significant size?
    2. What are commenters' views on the possibility that the Fund
could acquire a substantial portion of the market for some or all of
the Benchmark Component Futures Contracts? What are commenters' views
on whether such a concentration of holdings could affect the Fund's
portfolio management, the liquidity of the Fund's portfolio, or the
pricing of the Benchmark Component Futures Contracts?
    3. What are commenters' views on the risks of price manipulation
and fraud in the underlying spot water markets and how these risks
might affect the Benchmark Component Futures Contracts? What are
commenters' views on how these risks might affect the Fund's NAV and
trading in the Shares of the Fund? What are commenters' views on how an
investor may evaluate the price of the Shares in light of these risks?
    4. In its proposal, the Exchange states that the Fund may obtain
exposure to the Benchmark through investment in OTC swap agreements,
OTC forward contracts, both exchange-listed and OTC options, exchange-
listed futures, and exchange-listed options on futures. What are
commenters' views on the current availability and price transparency of
the OTC financial instruments? What are commenters' views on the
ability of the Fund to invest in these instruments if the underlying
spot or futures water market experiences emergencies, disruptions, or
significant volatility? What are commenters' views on the potential
effect of manipulation in the underlying water markets on the pricing
of the Fund's OTC water interests?
    5. What are commenters' views on whether the Fund would have the
information necessary to adequately value, including fair value, the
Fund's Benchmark Component Futures Contracts and other water interests
when determining an appropriate NAV for the Fund?
    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-NYSEArca-2020-105 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-NYSEArca-2020-105. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2020-105 and should be
submitted by April 5, 2021. Rebuttal comments should be submitted by
April 19, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-05238 Filed 3-12-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Page 50687]
[FR Doc No: 2014-20151]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4182-DR; Docket ID FEMA-2014-0003]

Minnesota; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Minnesota (FEMA-4182-DR), dated July 21, 2014, and
related determinations.

DATES: Effective date: August 13, 2014.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Minnesota is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of July 21, 2014.

    Lyon, Watonwan, and Wright Counties and the Bois Forte Band of
Chippewa within Koochiching County for Public Assistance.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-20151 Filed 8-22-14; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Pages 21891-21892]
[FR Doc No: 2011-9376]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14100-000]

Seneca Nation of Indians; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions to
Intervene, and Competing Applications

    On February 16, 2011, the Seneca Nation of Indians filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of
hydropower at the U.S. Army Corps of Engineers (Corps) Kinzua Dam
located on the Allegheny River, near Warren, Pennsylvania. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The Seneca Nation of Indians proposed project would consist of the
following: (1) An array of eight generating units having a total
installed capacity of 32,000 kilowatts, (2) a proposed 4,500-foot-long,
230-kilovolt transmission line. The proposed project would have an
average annual generation of 123.0 gigawatthours.
    Applicant Contact: Ms. Wendy Huff, Kinzua Dam Relicensing
Commission, Seneca Nation of Indians, P.O. Box 231, 90 Ohi: yo' Way,
Salamanca, NY 14779; phone<PHONE_NUMBER>.
    FERC Contact: Timothy Looney; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed

electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. Although the Commission strongly encourages electronic
filing, documents may also be paper-filed. To paper-file, mail an
original and seven copies to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14100-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: April 12, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-9376 Filed 4-18-11; 8:45 am]
BILLING CODE 6717-01-P