[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Notices]
[Page 42216-42218]
[DOCID:fr01au07-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56141; File No. SR-Phlx-2007-53]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change as
Modified by Amendment No. 1 Thereto Relating to the Extension of a
Pilot Program to Quote and Trade Options in Penny Increments

July 24, 2007.
    Pursuant to 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 July 24, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change asescribed in Items I and II
below, which Items have been substantially prepared by the Phlx. On
July 25, 2007 the Exchange filed Amendment No. 1 to the proposal. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which rendered the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend a pilot (the ``Pilot'') that
permits certain options series to be quoted and traded in increments of
$0.01. The text of the proposed rule change is available at Phlx, the
Commission's Public Reference Room, and http://www.phlx.com.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to continue to permit
specified options series to be quoted and traded in increments of $0.01
by extending the Pilot through September 27, 2007.

    The Pilot began on January 26, 2007.\5\ All series in options
included in the Pilot (``Pilot Options,'' listed below) trading at a
price of less than $3.00 are currently quoted and traded in minimum
increments of $0.01, and Pilot Options with a price of $3.00 or higher
are currently quoted and traded in minimum increments of $0.05, except
that options overlying the Nasdaq-100 Index Tracking Stock (``QQQQ'')
\6\ are quoted and traded in minimum increments of $0.01 for all series
regardless of the price. A list of all Pilot Options was communicated
to membership via Exchange circular.
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    \5\ See Securities Exchange Act Release No. 55153 (January 23,
2007), 72 FR 4553 (January 31, 2007) (SR-Phlx-2006-74). In that
filing, the Exchange also made conforming amendments to various
Exchange rules in order to be consistent with the pilot. These
conforming changes were also approved on a six-month pilot basis.
Therefore, the Exchange is proposing to extend the effective date
for these rules through September 27, 2007.
    \6\ The Nasdaq-100[supreg], Nasdaq-100 Index[supreg],
Nasdaq[supreg], The Nasdaq Stock Market[supreg], Nasdaq-100
SharesSM, Nasdaq-100 TrustSM, Nasdaq-100 Index
Tracking StockSM, and QQQSM are trademarks or
service marks of The Nasdaq Stock Market, Inc. (Nasdaq) and have
been licensed for use for certain purposes by the Philadelphia Stock
Exchange pursuant to a License Agreement with Nasdaq. The Nasdaq-100
Index[supreg] (the Index) is determined, composed, and calculated by
Nasdaq without regard to the Licensee, the Nasdaq-100
TrustSM, or the beneficial owners of Nasdaq-100
SharesSM. Nasdaq has complete control and sole discretion
in determining, comprising, or calculating the Index or in modifying
in any way its method for determining, comprising, or calculating
the Index in the future.
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    The options included in the Pilot are:

------------------------------------------------------------------------
                  Symbol                         Underlying security
------------------------------------------------------------------------
IWM.......................................  Ishares Russell 2000.
QQQQ......................................  QQQQ.
SMH.......................................  SemiConductor Holders.
GE........................................  General Electric.
AMD.......................................  Advanced Micro Devices.
MSFT......................................  Microsoft.
INTC......................................  Intel.
CAT.......................................  Caterpillar.
WFMI......................................  Whole Foods.
TXN.......................................  Texas Instruments.
A.........................................  Agilent Tech Inc.
FLEX......................................  Flextronics International.
SUNW......................................  Sun Micro.
------------------------------------------------------------------------

Report to the Commission
    Phlx Rule 1034(a)(i)(B)(2) required the Exchange to prepare and
submit an analytical report (``Report'') to the Commission that
addressed the impact of the first three months of the Pilot on the
quality of the Exchange's markets and option quote traffic and capacity
on or before the last day of the fourth month of the Pilot. The
Exchange submitted the Report on May 31, 2007, within the timeframe
specified in the rule. The Exchange proposes to delete Phlx Rule
1034(a)(i)(B)(2) because it is no longer applicable, and to make a
technical numbering change to the rule.
    The Exchange anticipates that it will submit further reports as the
Pilot continues. The Exchange will amend its rules accordingly.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act \7\ in general, and furthers the objectives of section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 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.

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

    No written comments were either solicited or received by the
Exchange.

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

    The proposed rule change has become effective pursuant to section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder,\10\ because
the foregoing proposed rule does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30-days after the date of filing.\11\
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest.\12\ The Exchange has requested that
the Commission waive the 5-day notice requirement and the 30-day
operative delay. The Commission believes that waiving the 5-day notice
requirement and the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
will ensure continuity of the Exchange's rules and will allow the Pilot
to remain in effect without interruption. For these reasons, the
Commission designates the proposal to be operative upon filing with the
Commission.\13\
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    \11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 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 may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\14\
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    \14\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on July 25, 2007, the date on which Phlx submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2007-53 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2007-53. This file
number should be included on the

subject line if e-mail is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's Internet Web site
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all

subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Phlx. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2007-53 and should be submitted on or before August
22, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\

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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-14844 Filed 7-31-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Notices]
[Pages 13285-13286]
[FR Doc No: 2022-04958]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD22-4-000]

Municipality of Anchorage Water & Wastewater Utility; Notice of
Preliminary Determination of a Qualifying Conduit Hydropower Facility
and Soliciting Comments and Motions To Intervene

    On March 1, 2022, the Municipality of Anchorage Water & Wastewater
Utility filed a notice of intent to construct a qualifying conduit
hydropower facility, pursuant to section 30 of the Federal Power Act
(FPA). The proposed Reservoirs 3 and 4 Energy Recovery Turbine Project
would have an installed capacity of 37 kilowatts (kW), and would be
located along an existing 16-inch pipeline at the applicant's
Reservoirs 3 and 4 Valve Facility in Anchorage, Anchorage Borough,
Alaska.
    Applicant Contact: Todd Carroll, P.E., Anchorage Water & Wastewater
Utility, 3000 Artic Boulevard, Anchorage, AK 99503,<PHONE_NUMBER>,
[email protected].
    FERC Contact: Christopher Chaney,<PHONE_NUMBER>,
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) One 37 kW turbine/generator unit; (2) 10-
inch-diameter intake and discharge pipes; and (3) appurtenant
facilities. The proposed project would have an estimated annual
generation of approximately 254 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
                                                            Satisfies (Y/
       Statutory provision               Description             N)
------------------------------------------------------------------------
FPA 30(a)(3)(A).................  The conduit the facility            Y
                                   uses is a tunnel,
                                   canal, pipeline,
                                   aqueduct, flume, ditch,
                                   or similar manmade
                                   water conveyance that
                                   is operated for the
                                   distribution of water
                                   for agricultural,
                                   municipal, or
                                   industrial consumption
                                   and not primarily for
                                   the generation of
                                   electricity.
FPA 30(a)(3)(C)(i)..............  The facility is                     Y
                                   constructed, operated,
                                   or maintained for the
                                   generation of electric
                                   power and uses for such
                                   generation only the
                                   hydroelectric potential
                                   of a non-federally
                                   owned conduit.
FPA 30(a)(3)(C)(ii).............  The facility has an                 Y
                                   installed capacity that
                                   does not exceed 40
                                   megawatts
FPA 30(a)(3)(C)(iii)............  On or before August 9,              Y
                                   2013, the facility is
                                   not licensed, or
                                   exempted from the
                                   licensing requirements
                                   of Part I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed Reservoirs 3 and 4 Energy
Recovery Turbine Project will not alter the primary purpose of the
conduit, which is to transport water for municipal use. Therefore,
based upon the above criteria, Commission staff preliminarily
determines that the proposal satisfies the requirements for a
qualifying conduit hydropower facility, which is not required to be
licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 30
days from the issuance date of this notice. Deadline for filing motions
to intervene is 30 days from the issuance date of this notice. Anyone
may submit comments or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210 and
385.214. Any motions to intervene must be received on or before the
specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
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    \1\ 18 CFR 385.2001-2005 (2021).
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    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at 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 protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, you may send a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room

1A, Washington, DC 20426. Submissions sent via any other carrier must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, MD 20852. A copy of all
other filings in reference to this application must be accompanied by
proof of service on all persons listed in the service list prepared by
the Commission in this proceeding, in accordance with 18 CFR 385.2010.
    Locations of Notice of Intent: The Commission provides all
interested persons an opportunity to view and/or print the contents of
this document via the internet through the Commission's website at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
(i.e., CD22-4) in the docket number field to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. Copies of the notice of
intent can be obtained directly from the applicant. For assistance,
call toll-free 1-866-208-3676 or email [email protected]. For
TTY, call<PHONE_NUMBER>.

    Dated: March 3, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-04958 Filed 3-8-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96152-96155]
[FR Doc No: 2016-31482]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79667; File No. SR-BX-2016-071]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify
Administrative Charges for Distributors of Proprietary Data Feed
Products

December 22, 2016.
    Pursuant to 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 December 14, 2016, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been

prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's market data fees at
Rule 7035 to change the billing cycle for administrative fees paid by
distributors of BX market data from annual to monthly, and to: (1)
Replace the current $500 annual administrative fee assessed to
distributors of delayed market data with a $50 monthly administrative
fee, and (2) replace the current $1,000 annual administrative fee
assessed to distributors of real-time market data with a $100 monthly
administrative fee. The proposal is described further below.\3\
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    \3\ The NASDAQ Stock Market LLC and NASDAQ PHLX LLC are filing
companion proposals similar to this one. All three proposals will
change the billing cycle for administrative fees paid by
distributors of market data from annual to monthly, and will: (1)
Replace the current $500 annual administrative fee assessed to
distributors of delayed market data with a $50 monthly
administrative fee, and (2) replace the current $1,000 annual
administrative fee assessed to distributors of real-time market data
with a $100 monthly administrative fee.
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    While these amendments are effective upon filing, the Exchange has
designated the proposed amendments to be operative on January 1, 2017.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to change the billing
cycle for administrative fees paid by distributors of BX market data
from annual to monthly, and to: (1) Replace the current $500 annual
administrative fee assessed to distributors of delayed market data with
a $50 monthly administrative fee, and (2) replace the current $1,000
annual administrative fee assessed to distributors of real-time market
data with a $100 monthly administrative fee.
Annual Administrative Fee
    BX assesses an annual administrative fee to any market data
distributor that receives a proprietary market data product. The amount
of that fee is $500 for delayed market data and $1,000 for real-time
market data. Distributors of both delayed and real-time market data are
not required to pay both fees; they are charged only the higher fee.
The time difference between ``delayed'' and ``real-time'' data varies
by product. BX Last Sale (BLS), for example, is considered delayed
after 15 minutes, while BX TotalView-ITCH data is considered delayed
after midnight ET. The specific delay interval applicable to each
product is published on the Nasdaq Trader Web site. The administrative
fee is waived for BX members who, pursuant to BX rules, solely conduct
an options business. The fee is not prorated if the distributor
receives the data feed for less than a year.
Proposed Changes
    The Exchange proposes to change the billing cycle for
administrative fees paid by distributors of BX market data from annual
to monthly, and to: (1) Replace the current $500 annual administrative
fee assessed to distributors of delayed market data with a $50 monthly
administrative fee, and (2) replace the current $1,000 annual
administrative fee assessed to distributors of real-time market data
with a $100 monthly administrative fee.
    The purposes of the proposal are to: (1) Facilitate billing by
aligning the current annual administrative fee billing cycle with the
standard monthly billing cycle used by the Exchange; (2) allocate the
fee more equitably by charging distributors that receive less than a
year of market data an administrative fee only for those months that
they receive market data; and (3) bring the BX administrative fee into
alignment with the Nasdaq and PHLX market data administrative fees,
which, after current proposals take effect, will be charged the same
administrative fees on the same billing cycle.
    The complexity of administering the market data program has
increased significantly since the current fee was set in 2009. New,
more complex products and services require the Exchange to expend more
resources in administration and monitoring. For example, the
introduction of Enhanced Display Solutions--which allow subscribers to
view BX TotalView and BX Basic on computer monitors and export it to
applications--required the Exchange to create new reporting systems and
review mechanisms for the use of market data. New reporting and review
mechanisms also had to be created to implement Managed Data Solutions,
which allow electronic systems access to BX TotalView without human
intervention. These programs were created in response to customer
demand, and require administrative expenditures that had not been
necessary when the amount of the administrative fee was set in 2009.
    The administrative fee is entirely optional in that it applies only
to firms that elect to distribute BX market data.
    The proposed changes do not raise the cost of any other BX product,
except to the extent that they increase the total cost of purchasing
market data.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \6\
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    \6\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission \7\

(``NetCoalition'') the D.C. Circuit upheld the Commission's use of a
market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\8\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \9\
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    \7\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \8\ See NetCoalition, at 534-535.
    \9\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers' . . . .'' \10\
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    \10\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    The Exchange believes that the proposal to replace the current $500
annual administrative fee assessed to distributors of delayed market
data with a $50 monthly administrative fee, and the current $1,000
annual administrative fee assessed to distributors of real-time data
with a $100 monthly administrative fee, is fair and equitable in
accordance with Section 6(b)(4) of the Act, and not unreasonably
discriminatory in accordance with Section 6(b)(5) of the Act. As
described above, the proposed fee change is reasonable and necessary to
facilitate billing, allocate fees more equitably, and align the
administrative fees with those of the Nasdaq and PHLX exchanges.
Moreover, administrative fees are constrained by the Exchange's need to
compete for order flow.
    The Exchange believes that the proposed change is an equitable
allocation and is not unfairly discriminatory because the Exchange will
apply the same fee to all similarly-situated distributors.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited.
    The proposal is to replace the current $500 annual administrative
fee assessed to distributors of delayed market data with a $50 monthly
administrative fee, and the current $1,000 annual administrative fee
assessed to distributors of real-time market data with a $100 monthly
administrative fee. If the changes proposed herein are unattractive to
market participants, it is likely that the Exchange will lose market
share as a result.
    Specifically, market forces constrain administrative fees in three
respects. First, all fees associated with proprietary data are
constrained by competition among exchanges and other entities
attracting order flow. Second, administrative fees impact the total
cost of market data, and are constrained by the total cost of the
market data offered by other entities. Third, competition among
distributors constrains the total cost of market data, including
administrative fees.
Competition for Order Flow
    Administrative fees are constrained by competition among exchanges
and other entities seeking to attract order flow. Order flow is the
``life blood'' of the exchanges. Broker-dealers currently have numerous
alternative venues for their order flow, including thirteen self-
regulatory organization (``SRO'') markets, as well as internalizing
broker-dealers (``BDs'') and various forms of alternative trading
systems (``ATSs''), including dark pools and electronic communication
networks (``ECNs''). Each SRO market competes to produce transaction
reports via trade executions, and two FINRA-regulated Trade Reporting
Facilities (``TRFs'') compete to attract internalized transaction
reports. The existence of fierce competition for order flow implies a
high degree of price sensitivity on the part of BDs, which may readily
reduce costs by directing orders toward the lowest-cost trading venues.
    The level of competition and contestability in the market for order
flow is demonstrated by the numerous examples of entrants that swiftly
grew into some of the largest electronic trading platforms and
proprietary data producers: Archipelago, Bloomberg Tradebook, Island,
RediBook, Attain, TracECN, BATS Trading and BATS/Direct Edge. A
proliferation of dark pools and other ATSs operate profitably with
fragmentary shares of consolidated market volume. For a variety of
reasons, competition from new entrants, especially for order execution,
has increased dramatically over the last decade.
    Each SRO, TRF, ATS, and BD that competes for order flow is
permitted to produce proprietary data products. Many currently do or
have announced plans to do so, including NYSE, NYSE Amex, NYSE Arca,
BATS, and IEX. This is because Regulation NMS deregulated the market
for proprietary data. While BDs had previously published their
proprietary data individually, Regulation NMS encourages market data
vendors and BDs to produce market data products cooperatively in a
manner never before possible. Order routers and market data vendors can
facilitate production of proprietary data products for single or
multiple BDs. The potential sources of proprietary products are
virtually limitless.
    The markets for order flow and market data are inextricably linked:
A trading platform cannot generate market information unless it
receives trade orders. As a result, the competition for order flow
constrains the prices that platforms can charge for proprietary data
products. Firms make decisions on how much and what types of data to
consume based on the total cost of interacting with an exchange.
Administrative fees are part of the total cost of proprietary data. A
supracompetitive increase in the fees charged for either transactions
or market data has the potential to impair revenues from both products.
Competition From Market Data Providers
    Administrative fees are constrained by competition from other
exchanges that sell market data. If administrative fees were to become
excessive, distributors may elect to discontinue one or two products or
services purchased from the Exchange, or reduce the level of their
purchases, to signal that the overall cost of market data had become
excessive. Such a reduction in purchases would act as a discipline to

the BX administrative fees, and would constrain the Exchange in its
pricing decisions.
Competition Among Distributors
    Distributors provide another form of price discipline for market
data products. Distributors are in competition for users, and can
curtail their purchases of market data if the total price of market
data, including administrative fees, were set above competitive levels.
    In summary, market forces constrain the level of administrative
fees through competition for order flow, competition from other sources
of proprietary data, and in the competition among distributors for
customers. For these reasons, the Exchange has provided a substantial
basis demonstrating that the fee is equitable, fair, reasonable, and
not unreasonably discriminatory, and therefore consistent with and in
furtherance of the purposes of the Exchange Act.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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-BX-2016-071 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-BX-2016-071. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2016-071, and should be
submitted on or before January 19, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31482 Filed 12-28-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Page 58822]
[FR Doc No: 2011-24315]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4020-DR; Docket ID FEMA-2011-0001]

New York; Amendment No. 8 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New York (FEMA-4020-DR), dated August 31, 2011, and
related determinations.

DATES: Effective Date: September 10, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, 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 New York 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 August 31, 2011.

    Bronx, Kings, Queens, and Richmond, and Washington Counties for
Individual Assistance (already designated for Public Assistance,
including direct federal assistance).

    Otsego and Saratoga Counties for Public Assistance, including
direct federal assistance (already designated for Individual
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. 2011-24315 Filed 9-21-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23547-23548]
[FR Doc No: 2016-09244]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0030]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    In accordance with part 235 of Title 49 of the Code of Federal
Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the
public notice that by a document dated March 29, 2016, Kansas City
Southern Railway (KCS) petitioned the Federal Railroad Administration
(FRA) seeking approval for the discontinuance or modification of a
signal system. FRA assigned the petition Docket Number FRA-2016-0030.
    Applicant: Kansas City Southern Railway, Mr. Steven E. Jones,
Director, Signal Operations, 4601 Hillary Huckaby III Avenue,
Shreveport, LA 71107.
    KCS seeks approval of the discontinuance of Control Point (CP)
North Ruliff at Milepost (MP) 740.6, on the Southwest Division,
Beaumont Subdivision, Ruliff, TX. KCS will remove the CP and install an
intermediate signal, hand-operated switch, and switch circuit
controller.
    These changes are being proposed due to recovery from catastrophic
flooding. CP North Ruliff's signal housing and facing signal were
washed away. KCS would like to make these changes permanent due to the
fact that the side track at CP Ruliff is a single-ended track and is
not used to meet trains.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be

submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 6, 2016 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-09244 Filed 4-20-16; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75500-75501]
[FR Doc No: 2010-30311]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0052]

Material Hoists, Personnel Hoists, and Elevators Standard;
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in the Standard on Material Hoists, Personnel Hoists, and
Elevators (29 CFR 1926.552).

DATES: Comments must be submitted (postmarked, sent, or received) by
February 1, 2011.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0052, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2010-
0052). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
that OSHA obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
    Paragraph (a)(2) of the Standard requires that the rated load
capacities, recommended operating speeds, and special hazard warnings
or instructions be posted on cars and platforms. Paragraph (b)(1)(i)
requires that operating rules for material hoists be established and
posted at the operator's station of the hoist. These rules shall
include signal system and allowable line speed for various loads.
Paragraph (c)(10) requires that cars be provided with a capacity and
data plate secured in a conspicuous place on the car or crosshead.
    These posting requirements are used by the operator and crew of the
material and personnel hoists to determine how to use the specific
machine and how much it will be able to lift as assembled in one or a
number of particular configurations. If not properly used, the machine
would be subject to failures, endangering the employees in the
immediate vicinity.
    Paragraph (c)(15) requires that a test and inspection of all
functions and safety devices be made following assembly and erection of
hoists. The test and inspection are to be conducted under the
supervision of a competent person. A similar inspection and test is
required following major alteration of an existing installation. All
hoists shall be inspected and tested at three-month intervals. A
certification record (the most recent) of the test and inspection is
required to be kept on file, including the date the test and inspection
was completed, the identification of the equipment and the signature of
the person who performed the test and inspection. This certification
ensures that the equipment has been tested and is in safe operating
condition. The most recent certification record will be disclosed to a
CSHO during an OSHA inspection.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on Material Hoists,
Personnel Hoists, and Elevators (29 CFR 1926.552). The Agency is
requesting a decrease in burden hours from 30,282 to 20,957 (a total
decrease of 9,325 burden hours). The Agency will summarize the comments
submitted in response to this

notice and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Material Hoists, Personnel Hoists, and Elevators (29 CFR
1926.552).
    OMB Number: 1218-0231.
    Affected Public: Business or other for-profits.
    Number of Respondents: 18,372.
    Total Responses: 90,289.
    Frequency of Response: On Occasion; Quarterly.
    Estimated Time per Response: Varies from 2 minutes (.03 hour) for a
supervisor to disclose test and inspection certification records to 30
minutes (.50 hour) for a construction worker to obtain and post
information for hoists.
    Total Burden Hours: 20,957.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal;
    (2) by facsimile (fax); or (3) by hard copy. All comments,
attachments, and other material must identify the Agency name and the
OSHA docket number for the ICR (Docket No. OSHA-2010-0052). You may
supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 4-2010
(75 FR 55355).

    Signed at Washington, DC, on November 29, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-30311 Filed 12-2-10; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Page 26770]
[FR Doc No: 2013-10953]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1351-000]

Florida Power Development LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Florida Power Development LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability is May 22, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 2, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-10953 Filed 5-7-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Proposed Rules]
[Pages 55583-55586]
[FR Doc No: 2015-23264]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0677]
RIN 1625-AA00

Safety Zones; Lower Mississippi River Miles 95.7 to 96.7; New
Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish two temporary safety
zones from Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP)
on the Lower Mississippi River (LMR) on two different dates. These
safety zones are necessary to protect persons and vessels from
potential safety hazards associated with fireworks displays on or over
navigable waterways. Entry into these zones is prohibited unless
specifically authorized by the Captain of the Port New Orleans or a
designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before October 1, 2015.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) James Gatz, Sector New
Orleans, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
F. Collins, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

BNM Broadcast Notice to Mariners

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
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, 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 as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
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,
type the docket number [USCG-2015-0677] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. 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,
type the docket number (USCG-2015-0677) 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.

B. Regulatory History and Information

    There is no regulatory history or information related to this newly
proposed temporary safety zone.

C. Basis and Purpose

    The legal basis for this proposed rule is 33 U.S.C. 1231; 50 U.S.C.
191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish and define safety zones.
    AFX Pro, a company specializing in firework displays, informed the
Coast Guard of two fireworks displays planned for October 2015. Mardi
Gras World is hosting a private wedding with a fireworks display on
October 10, 2015, and the Bridgestone Tire Company is sponsoring a
fireworks display on October 22, 2015. The fireworks displays on both
dates will be launched from a barge positioned in the waterway adjacent
to Mardi Gras World, an event venue located at MM 96.2 AHP on the Lower
Mississippi River, in a high commercial traffic area near a tight river
bend. Therefore, the Coast Guard has determined that a safety zone is
needed to ensure safe navigation for all those in the vicinity of these
fireworks displays. These safety zones are proposed to protect the
public, mariners, and vessels from the hazards associated with a barge-
based fireworks display on and over the waterway.

D. Discussion of Proposed Rule

    The Coast Guard proposes two temporary safety zones on the Lower
Mississippi River, for a duration of one hour each during the evenings
of October 10 and 22, 2015. The safety zones will include the entire
width of the Lower Mississippi River in New Orleans, LA from mile
marker 95.7 to mile marker 96.7 AHP. Entry into this zone is prohibited
unless permission has been granted by the COTP New Orleans, or a
designated representative.
    The COTP New Orleans will inform the public through BNMs of the
enforcement period for the safety zone as well as any changes in the
planned schedule. Mariners and other members of the public may also
contact Coast Guard Sector New Orleans Command Center to inquire about
the status of the safety zone, at<PHONE_NUMBER>.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This safety zone will
only restrict navigation on the Lower Mississippi River from MM 95.7 to
MM 96.7 AHP, for approximately one hour on October 10, 2015 and one
hour on October 22, 2015. Due to the limited scope and short duration
of the safety zones, the impacts on routine navigation are expected to
be minimal.

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.
    This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
the safety zone area during the periods of enforcement. The safety
zones will not have a significant economic impact on a substantial
number of small entities because they are limited in scope and will be
in effect for a short period of time. Before the enforcement periods,
the Coast Guard COTP will issue maritime advisories widely available to
waterway users. Deviation from the safety zone established through this
rulemaking may be requested from the appropriate COTP and requests will
be considered on a case-by-case basis.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule will not have a significant economic impact on a
substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed rule under that Order and
determined that this rulemaking 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing a temporary safety zone for all waters of the
Lower Mississippi River from MM 95.7 to MM 96.7 AHP. This proposed rule
is categorically excluded under section 2.B.2, figure 2-1, paragraph
(34)(g) of the Instruction because it involves establishment of safety
zones. An Environmental analysis and a categorical exclusion
determination will be made available in the docket as indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0677 to subpart F under the undesignated center
heading

Eighth Coast Guard District to read as follows:

Sec.  165.T08-0677  Safety Zones; Lower Mississippi River Miles 95.7 to
96.7; New Orleans, LA

    (a) Location. The following area is a safety zone: All waters of
the Lower Mississippi River from mile marker 95.7 to mile marker 96.7
Above Head of Passes, New Orleans, LA.
    (b) Effective date and enforcement period. This rule is effective
and enforceable with actual notice on October 10, 2015 and on October
22, 2015, for one hour in the evening of each date.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) New Orleans
or designated personnel. Designated personnel include commissioned,
warrant and petty officers of the U.S. Coast Guard assigned to units
under the operational control of USCG Sector New Orleans. For this rule
the COTP's designated representative is Vessel Traffic Service Lower
Mississippi River.
    (2) Vessels requiring deviation from this rule must request
permission from the COTP New Orleans or a COTP New Orleans designated
representative. They may be contacted on VHF-FM Channel 16 or 67, or
through Vessel Traffic Service Lower Mississippi River at<PHONE_NUMBER>.
    (3) Persons and vessels permitted to deviate from this safety zone
regulation and enter the restricted area must transit at the slowest
safe speed and comply with all lawful directions issued by the COTP New
Orleans or the designated representative.
    (d) Information broadcasts. The COTP New Orleans or a COTP New
Orleans designated representative will inform the public through
broadcast notices to mariners of the enforcement period for the safety
zone as well as any changes in the planned schedule.

    Dated: August 14, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2015-23264 Filed 9-15-15; 8:45 am]
BILLING CODE 9110-04-P