[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26584-26586]
[FR Doc No: 2017-11846]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0488]
RIN 1625-AA00

Safety Zone; Columbia River, Goble, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone along
the navigable waters of the Columbia River in Goble, OR. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by vessel removal and
remediation operations

near the vessel RIVER QUEEN. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Columbia River or a designated representative.

DATES: This rule is effective without actual notice from June 8, 2017
until 11:59 p.m. on June 30, 2017. For the purposes of enforcement,
actual notice will be used from June 1, 2017, until June 8, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0488 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Laura Springer, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because to do so would be impracticable since
delayed promulgation may result in injury to the maritime public or
response personnel, and damage to vessels, equipment, and the marine
environment. in the vicinity of the affected area from the hazards
associated with vessel removal and remediation operations.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register because such a delay may
result in injury or damage to response personnel, vessels, and
equipment; the maritime public; and/or the marine environment in the
vicinity of the affected area from the hazards associated with vessel
removal and remediation operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Columbia River (COTP) has determined that
potential hazards associated with vessel removal and remediation
operations starting June 1, 2017, will be a safety concern for anyone
within a designated area surrounding the vessel RIVER QUEEN. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the removal and
remediation operations are occurring.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. June 1, 2017,
through 11:59 p.m. June 30, 2017. If the safety concerns are abated
before June 30, 2017, the Captain of the Port, Columbia River will
issue a general permission to enter the zone and a separate rule to
terminate the effective period of this rule. This safety zone covers
all navigable waters of the Columbia River surrounding the vessel RIVER
QUEEN located in Goble, OR, encompassed by these points: 46[deg]00.566
N., 122[deg]52.34 W.; 46[deg]00.657 N., 122[deg]52.34 W.; 46[deg]00.658
N., 122[deg]52.45 W.; and 46[deg]00.563 N., 122[deg]52.43 W. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during vessel removal and
remediation operations. No vessel or person will be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This temporary final rule
has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, the NPRM has not been reviewed by
the Office of Management and Budget (OMB), and pursuant to OMB guidance
it is exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which will impact a small
designated area of the Columbia River in Goble, OR for a month and
during a time of year when vessel traffic is normally low. Moreover,
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone and the rule allows vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's

responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule adjusts rates in accordance with applicable statutory and
regulatory mandates. It is categorically excluded under section 2.B.2,
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor
regulatory changes that are editorial or procedural in nature. A Record
of Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 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.T13-0488 to read as follows:

Sec.  165.T13-0488  Safety Zone; Columbia River, Goble, OR.

    (a) Location. The following area is designated safety zone: All
navigable waters of the Columbia River surrounding the vessel RIVER
QUEEN located in Goble, OR, encompassed by a line connecting the
following points: 46[deg]00.566 N., 122[deg]52.34 W.; 46[deg]00.657 N.,
122[deg]52.34 W.; 46[deg]00.658 N., 122[deg]52.45 W.; and 46[deg]00.563
N., 122[deg]52.43 W.
    (b) Enforcement period. This safety zone is in effect from June 1,
2017 until June 30, 2017. It will be subject to enforcement this entire
period unless the Captain of the Port, Columbia River (COTP) determines
it is no longer needed in which case the COTP will issue a general
permission to enter the zone and a separate rule to terminate the
effective period of this rule. The Coast Guard will inform mariners of
any change to this period of enforcement via Broadcast Notice to
Mariners.
    (b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or his
designated representative.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section.

D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2017-11846 Filed 6-7-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Proposed Rules]
[Pages 3489-3494]
[FR Doc No: 2022-01022]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2022-0001]
RIN 2126-AC51

Fees for the Unified Carrier Registration Plan and Agreement

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: FMCSA is proposing reductions in the annual registration fees
States collect from motor carriers, motor private carriers of property,
brokers, freight forwarders, and leasing companies for the Unified
Carrier Registration (UCR) Plan and Agreement for the 2023 year and
subsequent registration years. The proposed fees for the 2023
registration year would be reduced below the fees for 2022 by
approximately 27 percent. The reduction in annual registration fees
would be between $16 and $15,350 per entity, depending on the number of
vehicles owned or operated by the affected entities.

DATES: Comments must be received on or before February 23, 2022.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0001 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0001/document. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.

     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, Director, Office
of Registration and Safety Information, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, [email protected]. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    FMCSA organizes this notice of proposed rulemaking (NPRM) as
follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
II. Executive Summary
    A. Purpose and Summary of the Regulatory Action
    B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. International Impacts
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
    B. Congressional Review Act
    C. Regulatory Flexibility Act (Small Entities)
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act (Collection of Information)
    G. E.O. 13132 (Federalism)
    H. Privacy
    I. E.O. 13175 (Indian Tribal Governments)
    J. National Environmental Policy Act of 1969

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
NPRM (FMCSA-2022-0001), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2022-0001/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Mr. Brian
Dahlin, Chief, Regulatory Analysis Division, Office of Policy, FMCSA,
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any comments
FMCSA receives not specifically designated as CBI will be placed in the
public docket for this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2022-0001X/document and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

C. Privacy Act

    DOT solicits comments from the public to better inform its
regulatory process, in accordance with 5 U.S.C. 553(c). 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--Federal Docket Management System
(FDMS)), which can be reviewed at www.transportation.gov/privacy.

II. Executive Summary

A. Purpose and Summary of the Regulatory Action

    The UCR Plan and the 41 States participating in the UCR Agreement
establish and collect fees from motor carriers, motor private carriers
of property, brokers, freight forwarders, and leasing companies. The
UCR Plan and Agreement are administered by a 15-member board of
directors: 14 appointed from the participating States and the industry,
plus the Deputy Administrator of FMCSA. Revenues collected are
allocated to the participating States and the UCR Plan.
    In accordance with 49 U.S.C. 14504a(f)(1)(E)(ii), fee adjustments
must be requested by the UCR Plan when annual revenues exceed the
maximum allowed. Also, if there are excess funds after payments to the
States and for administrative costs, they are retained in the UCR
Plan's depository, and subsequent fees must be reduced as required by
49 U.S.C. 14504a(h)(4). These two distinct provisions are the basis for
the two elements of the adjustment proposed in this rule. This NPRM
proposes to reduce the annual registration fees established pursuant to
the UCR Agreement for 2023 and subsequent years.
    The UCR Board has estimated future period collections using an
average of the collections of the past 3 closed years. It also
considered that there has been no change to the administrative
authorized allowance since 2020 and recommended a modest increase in
the allowance.
    Considering all of this, the UCR Board recommended that FMCSA adopt
the fees listed below.

                                        2022 vs. 2023 Fee Recommendation
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Number of power units.............          0-2          3-5         6-20       21-100     101-1000    1,001 and
                                                                                above
2022 Fee (Current)................          $59         $176         $351       $1,224       $5,835      $56,977
2023 Fee (Recommended)............          $43         $129         $256         $894       $4,263      $41,627
                                   -----------------------------------------------------------------------------
    Change........................        ($16)        ($47)        ($95)       ($330)     ($1,572)    ($15,350)
----------------------------------------------------------------------------------------------------------------

B. Costs and Benefits

    The changes proposed in this NPRM would reduce the fees paid by
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies to the UCR Plan and the participating
States. While each motor carrier or other entity would realize a
reduced monetary burden, fees are considered by the Office of
Management and Budget (OMB) Circular A-4, Regulatory Analysis as
transfer payments, not costs. Transfer payments are payments from one
group to another that do not affect total resources available to
society. Therefore, transfers are not considered in the monetization of
societal costs and benefits of rulemakings.

III. Abbreviations

CAA Clean Air Act
CBI Confidential Business Information
CE Categorical Exclusion
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
OMB Office of Management and Budget
PIA Privacy Impact Assessment
RFA Regulatory Flexibility Act
SBA Small Business Association
SBREFA Small Business Regulatory Enforcement Fairness Act
Secretary Secretary of Transportation
UCR Unified Carrier Registration
UCR Agreement Unified Carrier Registration Agreement
UCR Plan Unified Carrier Registration Plan

IV. Legal Basis for the Rulemaking

    This rule proposes to adjust the annual registration fees required
by the UCR Agreement established by 49 U.S.C. 14504a. The requested fee
adjustments are required by 49 U.S.C. 14504a because, for registration
year 2022, the total revenues collected are expected to exceed the
maximum annual revenue entitlements of $107.78 million distributed to
the 41 participating States plus the amount established for the
administrative costs associated with the UCR Plan and Agreement. The
UCR Plan submitted the requested adjustments in accordance with 49
U.S.C. 14504a(f)(1)(E)(ii), which requires the UCR Plan to request an
adjustment by the Secretary when the annual revenues exceed the maximum
allowed. In addition, 49 U.S.C. 14504a(h)(4) states that any excess
funds from previous registration years held by the UCR Plan in its
depository, after distribution to the States and for payment of
administrative costs, shall be retained ``and the fees charged . . .
shall be reduced by the Secretary accordingly.''
    The UCR Plan is also requesting approval of a revised total revenue
to be collected because of an adjustment in the amount for costs of
administering the UCR Agreement. No changes in the revenue allocations
to the participating States have been recommended by the UCR Plan. The
revised total revenue must be approved in accordance with 49 U.S.C.
14504a(d)(7).
    The Secretary also has broad rulemaking authority in 49 U.S.C.
13301(a) to carry out 49 U.S.C. 14504a, which is part of 49 U.S.C.
subtitle IV, part B. Authority to administer these statutory provisions
has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(2) and
(7).

V. Background

    FMCSA issued a final rule in early 2020 establishing the current
level of UCR registration fees. 85 FR 8192 (Feb. 13, 2020). The 2020
rule reflected reductions recommended by the UCR Plan in the annual
registration fees the States collected from motor carriers, motor
private carriers of property, brokers, freight forwarders, and leasing
companies for the registration years beginning in 2020. This level of
fees has remained in effect for registration years since 2020. The UCR
Plan has recommended that these fees remain in effect during 2022 and
has recommended a significant reduction to be effective for
registration year 2023.
    The UCR Plan's latest recommendation includes an increase in the
amount of the administrative cost allowance from $4 million to $4.25
million for the 2023 registration year. The increase of $250,000
recommended by the UCR Plan was based on estimates of future
administrative cost allowances needed to operate the UCR Plan and
Agreement. No changes in the State revenue entitlements are
recommended, and the entitlement figures for 2023 for the 41
participating States are the same as those previously approved for the
years 2010 through 2022. Therefore, for registration year 2023 and
subsequent registration years, the UCR Plan recommends total revenue to
be collected of $112,027,060 (rounded to the nearest dollar). FMCSA
proposes to approve this recommendation for the total revenue to be
collected by the UCR Plan, as shown in the following table.

   State UCR Revenue Entitlements and Final 2023 Total Revenue Target
------------------------------------------------------------------------
                                                         Total 2023 UCR
                        State                               revenue
                                                          entitlements
------------------------------------------------------------------------
Alabama..............................................      $2,939,964.00
Arkansas.............................................       1,817,360.00
California...........................................       2,131,710.00
Colorado.............................................       1,801,615.00
Connecticut..........................................       3,129,840.00
Georgia..............................................       2,660,060.00
Idaho................................................         547,696.68
Illinois.............................................       3,516,993.00
Indiana..............................................       2,364,879.00
Iowa.................................................         474,742.00
Kansas...............................................       4,344,290.00
Kentucky.............................................       5,365,980.00
Louisiana............................................       4,063,836.00
Maine................................................       1,555,672.00
Massachusetts........................................       2,282,887.00
Michigan.............................................       7,520,717.00
Minnesota............................................       1,137,132.30
Missouri.............................................       2,342,000.00
Mississippi..........................................       4,322,100.00
Montana..............................................       1,049,063.00
Nebraska.............................................         741,974.00
New Hampshire........................................       2,273,299.00
New Mexico...........................................       3,292,233.00
New York.............................................       4,414,538.00
North Carolina.......................................         372,007.00
North Dakota.........................................       2,010,434.00
Ohio.................................................       4,813,877.74
Oklahoma.............................................       2,457,796.00
Pennsylvania.........................................       4,945,527.00
Rhode Island.........................................       2,285,486.00
South Carolina.......................................       2,420,120.00
South Dakota.........................................         855,623.00
Tennessee............................................       4,759,329.00
Texas................................................       2,718,628.06
Utah.................................................       2,098,408.00
Virginia.............................................       4,852,865.00
Washington...........................................       2,467,971.00
West Virginia........................................       1,431,727.03
Wisconsin............................................       2,196,680.00
                                                      ------------------
  Sub-Total..........................................     106,777,059.81
Alaska...............................................         500,000.00
Delaware.............................................         500,000.00
                                                      ------------------
  Total State Revenue Entitlement....................     107,777,060.00

Administrative Costs.................................       4,250,000.00
                                                      ------------------
  Total Revenue Target...............................     112,027,060.00
------------------------------------------------------------------------

VI. Discussion of Proposed Rulemaking

    On August 26, 2021, the UCR Plan Board of Directors sent a letter
to the Secretary of the Department of Transportation (available in the
docket for this rule), stating that the Board met on August 12, 2021,
and voted to approve their ``2023 Fee Proposal'' plan and recommend
that FMCSA adopt the fee reductions therein. The letter states the
justification for reducing the fees, and the attachment explains how
the adjustment was determined.
    FMCSA has reviewed the formal recommendation from the UCR Plan and
proposes to approve the recommended adjustment in the fees, including
the adjustment in the allowance for costs necessary to continue
administering the UCR Agreement and the UCR Plan. Overall, the UCR Plan
and the Agency agree on the reduction of the current fees for 2023 and
subsequent registration years, and that there would be no change in the
revenue entitlements for the 41 participating States.

VII. International Impacts

    Motor carriers and other entities involved in interstate and
foreign transportation in the United States that do not have a
principal office in the United States, are nonetheless subject to the
fees for the UCR Plan. They are required to designate a participating
State as a base State and pay the appropriate fees to that State (49
U.S.C. 14504a(a)(2)(B)(ii) and (f)(4)).

VIII. Section-by-Section Analysis

    In this NPRM, FMCSA proposes that the provisions of 49 CFR 367.60
(which were adopted in the 2020 final rule) would be revised so that
the fees in that section would apply to registration years 2020, 2021,
and 2022 only. A new 49 CFR 367.70 would establish new reduced fees
applicable beginning in registration year 2023. These fees would remain
in effect for subsequent registration years after 2023 unless revised
in the future.
    FMCSA also proposes to remove 49 CFR 367.20, 367.30, 367.40, and
367.50. These sections established fees applicable for registration
years from 2007 to and including 2019. The UCR Plan is no longer
collecting fees for those registration years and these sections should
be removed to avoid any uncertainty about the applicable fees.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    FMCSA has considered the impact of this notice of proposed
rulemaking under E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory
Planning and Review, E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, and DOT's regulatory policies and
procedures. The Office of Information and Regulatory Affairs (OIRA)
within OMB determined that this notice of proposed rulemaking is not a
significant regulatory action under section 3(f) of E.O. 12866, as
supplemented by E.O. 13563, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order.
Accordingly, OMB has not reviewed it under these Orders.
    The changes proposed by this rule would reduce the registration
fees paid by motor carriers, motor private carriers of property,
brokers, freight forwarders, and leasing companies to the UCR Plan and
the participating States. While each motor carrier would realize a
reduced burden, fees are considered by OMB Circular A-4, Regulatory
Analysis as transfer payments, not costs. Transfer payments are
payments from one group to another that do not affect total resources
available to society. By definition, transfers are not considered in
the monetization of societal costs and benefits of rulemakings.
    This rule would establish reductions in the annual registration
fees for the UCR Plan and Agreement. The entities affected by this rule
are the participating States, motor carriers, motor private carriers of
property, brokers, freight forwarders, and leasing companies. Because
the State UCR revenue entitlements would remain unchanged, the
participating States would not be impacted by this rule. The primary
impact of this rule would be a reduction in fees paid by individual
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies. The recommended reduction from the
current 2020 registration year fees (approved by the Board on August
12, 2021) would be between $16 and $15,350 per entity, depending on the
number of vehicles owned or operated by the affected entities.

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801-808), OIRA
designated this rule as not a ``major rule.'' \1\
---------------------------------------------------------------------------

    \1\ A ``major rule'' means any rule that the Office of
Management and Budget finds has resulted in or is likely to result
in (a) an annual effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers, individual
industries, geographic regions, Federal, State, or local government
agencies; or (c) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the ability
of United States-based enterprises to compete with foreign-based
enterprises in domestic and export markets (49 CFR 389.3).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA),\2\ requires Federal agencies to consider the effects of
the regulatory action on small business and other small entities and to
minimize any significant economic impact. The term small entities
comprises small businesses and 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. 5
U.S.C. 601(6). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
---------------------------------------------------------------------------

    \2\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------

    This proposed rule would directly affect the participating States,
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies. Under the standards of the RFA, as
amended by the SBREFA, the participating States are not small entities.
States are not considered small entities because they do not meet the
definition of a small entity in section 601 of the RFA. Specifically,
States are not considered small governmental jurisdictions under
section 601(5) of the RFA, both because State government is not
included among the various levels of government listed in section
601(5), and because, even if this were the case, no State or the
District of Columbia has a population of less than 50,000, which is the
criterion by which a governmental jurisdiction is considered small
under section 601(5) of the RFA.
    The Small Business Administration's (SBA) size standard for a small
entity

(13 CFR 121.201) differs by industry code. The entities affected by
this rule fall into many different industry codes. In order to
determine if this rule would have an impact on a significant number of
small entities, FMCSA examined the 2017 Economic Census data \3\ for
two different industries, truck transportation (Subsector 484) and
transit and ground transportation (Subsector 485).
---------------------------------------------------------------------------

    \3\ U.S. Census Bureau, 2017 US Economic Census. Available at:
https://data.census.gov/cedsci/table?q=United%20States&t=Value%20of%20Sales,%20Receipts,%20Revenue,%20or%20Shipments&n=484&tid=ECNSIZE2017.EC1700SIZEREVEST&hidePreview=true (accessed Dec. 28, 2021).
---------------------------------------------------------------------------

    According to the 2017 Economic Census, approximately 99.4 percent
of truck transportation firms, and approximately 99.2 percent of
transit and ground transportation firms, had annual revenue less than
the SBA's revenue thresholds of $30 million and $16.5 million,
respectively, to be defined as a small entity. Therefore, FMCSA has
determined that this rule would impact a substantial number of small
entities. However, FMCSA has determined that this rule would not have a
significant impact on the affected entities. The effect of this rule
would be to reduce the annual registration fee motor carriers, motor
private carriers of property, brokers, freight forwarders, and leasing
companies are currently required to pay. The reduction will range from
$16 to $15,350 per entity, depending on the number of vehicles owned
and/or operated by the affected entities.
    Consequently, I certify that the proposed action would not have a
significant economic impact on a substantial number of small entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the SBREFA small businesses
may send comments on the actions of Federal employees who enforce or
otherwise determine compliance with Federal regulations to the SBA's
Small Business and Agriculture Regulatory Enforcement Ombudsman (Office
of the National Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-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 FMCSA, call 1-888-REG-
FAIR (1-888-734-3247). DOT has a policy regarding the rights of small
entities to regulatory enforcement fairness and an explicit policy
against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    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 $170 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2020 levels) or more in any 1 year. Although this proposed rule would
not result in such an expenditure, the Agency discusses the effects of
this rule elsewhere in this preamble.

F. Paperwork Reduction Act

    This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects 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.''
    FMCSA has determined that this rule would not have substantial
direct costs on or for States, nor would it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Impact
Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005,\4\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
---------------------------------------------------------------------------

    \4\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------

    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002,\5\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology would collect, maintain, or disseminate information as a
result of this rule. Accordingly, FMCSA has not conducted a PIA.
---------------------------------------------------------------------------

    \5\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
---------------------------------------------------------------------------

    In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the proposed rulemaking might
have on collecting, storing, and sharing personally identifiable
information. The PTA has been submitted to FMCSA's Privacy Officer for
review and preliminary adjudication and to DOT's Privacy Officer for
review and final adjudication.

I. E.O. 13175 (Indian Tribal Governments)

    This rule does not have Tribal implications under E.O. 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.

J. National Environmental Policy Act of 1969

    FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2,
paragraph 6.h. The Categorical Exclusion (CE) in paragraph 6.h. covers
regulations and actions taken pursuant to regulation implementing
procedures to collect fees that will be charged for motor carrier
registrations. The proposed requirements in this rule are covered by
this CE and do not have any effect on the quality of the environment.

List of Subjects in 49 CFR Part 367

    Intergovernmental relations, Motor carriers, Brokers, Freight
Forwarders.

    In consideration of the foregoing, FMCSA proposes to amend 49 CFR
chapter III, part 367 to read as follows:

PART 367--STANDARDS FOR REGISTRATION WITH STATES

0
1. The authority citation for part 367 continues to read as follows:

    Authority: 49 U.S.C. 13301, 14504a; and 49 CFR 1.87.

0
2. Remove Sec. Sec.  367.20, 367.30, 367.40 and 367.50.

0
3. Revise Sec.  367.60 to read as follows:

Sec.  367.60   Fees under the Unified Carrier Registration Plan and
Agreement for registration years beginning in 2020 and ending in 2022.

  Table 1 to Sec.   367.60--Fees Under the Unified Carrier Registration
 Plan and Agreement for Registration Years Beginning in 2020 and Ending
                                 in 2022
------------------------------------------------------------------------
                      Number of
                      commercial
                    motor vehicles
                       owned or       Fee per entity
                     operated by    for exempt or non-
                    exempt or non-     exempt motor      Fee per entity
     Bracket         exempt motor     carrier, motor     for broker or
                    carrier, motor   private carrier,   leasing company
                       private          or freight
                     carrier, or        forwarder
                       freight
                      forwarder
------------------------------------------------------------------------
B1...............  0-2............                $59                $59
B2...............  3-5............                176
B3...............  6-20...........                351
B4...............  21-100.........              1,224
B5...............  101-1,000......              5,835
B6...............  1,001 and above             56,977
------------------------------------------------------------------------

0
4. Add new Sec.  367.70 to read as follows:

Sec.  367.70  Fees under the Unified Carrier Registration Plan and
Agreement for Registration Years Beginning in 2023 and Each Subsequent
Registration Year Thereafter.

  Table 1 to Sec.   367.70--Fees Under the Unified Carrier Registration
  Plan and Agreement for Registration Years Beginning in 2023 and Each
                 Subsequent Registration Year Thereafter
------------------------------------------------------------------------
                      Number of
                      commercial
                    motor vehicles
                       owned or       Fee per entity
                     operated by    for exempt or non-
                    exempt or non-     exempt motor      Fee per entity
     Bracket         exempt motor     carrier, motor     for broker or
                    carrier, motor   private carrier,   leasing company
                       private          or freight
                     carrier, or        forwarder
                       freight
                      forwarder
------------------------------------------------------------------------
B1...............  0-2............                $43                $43
B2...............  3-5............                129
B3...............  6-20...........                256
B4...............  21-100.........                894
B5...............  101-1,000......              4,263
B6...............  1,001 and above             41,627
------------------------------------------------------------------------

    Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2022-01022 Filed 1-21-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Pages 57209-57210]
[FR Doc No: 2020-20244]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-517-000]

Trunkline Gas Company, LLC; Notice of Request Under Blanket
Authorization

    Take notice that on August 28, 2020, Trunkline Gas Company, LLC
(Trunkline), 1300 Main Street, Houston, Texas 77002, filed a prior
notice application in Docket No. CP20-517-000 pursuant to sections
157.205, 157.208, and 157.210 of the Commission's regulations under the
Natural Gas Act (NGA) and Trunkline's blanket certificate issued in
Docket No. CP83-84-000. Due to a section of pipe not being abandoned as
planned, Trunkline recalculated the north-to-south firm transportation
service capacity within its Zones 1B and 1A. Trunkline thus proposes to
increase the capacity by 60,000 dekatherms per day (Dth/d) from its
Tuscola Compressor Station (CS) in Douglas County, Illinois to its
Johnsonville CS in Wayne County, Illinois and to increase the capacity
by 50,000 Dth/d from its Johnsonville CS to its Independence CS in Tate
County, Mississippi. Trunkline states that there will be no
construction activities related to this proposal, all as more fully set
forth in the application which is on file with the Commission and open
to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, 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 Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Deborah A. Bradbury, Sr. Director, Regulatory Tariffs & Reporting,
Trunkline Gas Company, LLC, 1300 Main Street, Houston, Texas 77002, by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention. Any person filing to intervene, or
the Commission's staff may, pursuant to section 157.205 of the
Commission's Regulations under the NGA (18 CFR 157.205) file a protest
to the request. If no protest is filed within the time allowed
therefore, the proposed activity shall be deemed to be authorized
effective the day after the time allowed for protest. If a protest is
filed and not withdrawn within 30 days after the time allowed for
filing a protest, the instant request shall be treated as an
application for authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,

within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments
in lieu of paper using the ``eFile'' link at http://www.ferc.gov. In
lieu of electronic filing, you may submit a paper copy. Submissions
sent via the U.S. Postal Service must be addressed to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE, Room 1A, Washington, DC 20426. Submissions sent via any other
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.

    Dated: September 3, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-20244 Filed 9-14-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1764-1766]
[FR Doc No: 2012-321]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66111; File No. SR-Phlx-2011-187]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Waive PSX
Port Pair Fees for Certain Newly-Added Routable Port Pairs

January 5, 2012.
    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 28, 2011, NASDAQ OMX PHLX LLC
(``Exchange'' or ``PHLX''), filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to offer a waiver of PSX Port Pair fees for
certain newly-added routable port pairs during the months of January
through March, 2012.
    The text of the proposed rule change is below. Proposed new
language is italicized.

 VIII. NASDAQ OMX PSX FEES

Access Services Fees[dagger]

    The following charges are assessed by the Exchange for ports to
establish connectivity to the NASDAQ OMX PSX market, as well as
ports to receive data from the NASDAQ OMX PSX market: $400 per month
for each port pair, other than Multicast ITCH[reg] data feed pairs,
for which the fee is $1000 per month. The $400 port pair fee will be
waived from January 2012 through March 2012 for a single port pair
subscribed to by a member used for routing during this free period.
To be eligible for the fee waiver, the member must increase the
number of routable ports it has as of December 31, 2011 and must
send routable order flow through the designated port pair at some
point during the free period, otherwise the monthly fee will apply.
    An additional $200 per month for each Internet port that
requires additional bandwidth.
* * * * *

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is amending its fee schedule to waive fees assessed on
a single port pair used for routing orders from PSX, during the months
of January through March, 2012. The Exchange recently began allowing
orders placed on the Exchange to route away from PSX for execution.\3\
The Exchange is proposing to waive, for a limited time, the fee
assessed for a single port pair under Chapter VIII of the NASDAQ OMX
PHLX Fee Schedule, applicable to a member firm that adds an additional
port and uses that port for routing on the PSX market during the months
of January through March, 2012. The Exchange believes that waiving the
port pair fee will encourage market participants to utilize the routing
function of the market, and to take advantage of new routing strategies
made available to market participants.\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 65469 (October 3,
2011), 76 FR 62486 (October 7, 2011) (SR-Phlx-2011-108).
    \4\ Id.
---------------------------------------------------------------------------

    A member is eligible to subscribe only one free port pair under the
proposed fee waiver program and the port must be eligible for routing.
The free port pair must be a newly-subscribed port pair and must be net
additive to the number of port pairs a member firm is subscribed to as
of December 31, 2011 (i.e., it cannot replace an existing port pair).
Additional port pairs subscribed to by a member firm and used for
routing purposes will not be eligible for the proposed fee waiver. A
member firm may add a routable port pair that meets the requirements
noted above at any point during the free period, and will not be
assessed a fee for the port pair for the months remaining in the free
period, so long as routable order flow is sent through the port pair at
some point during the free period. If no routable order flow is sent
through the designated port pair during the free period, the port pair
fee will apply to all months the new port pair is subscribed to. For
example, if on January 25, 2012, Firm ABCD adds a routable port on PSX,
the port pair would be free for the duration of the free period, so
long as the member firm sends routable order flow through the port pair
at some point during the free period. At the end of the free period,
the member will be assessed the normal monthly fee, beginning with
April 2012. If the member firm does not send routable order flow
through the newly-added port pair, the member firm would be assessed
the full fee for each of the months that it had subscribed to the new
port pair during the free period (in the example above, all three
months of the free period). A member firm is under no obligation to
continue subscription to the routable port pair at the end of the free
period, and may cancel its subscription at any time prior to the
expiration of the free period with no charge.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Section 6(b)(4) of the Act,\6\ 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 or
system which the Exchange operates or controls. The Exchange believes
that the proposed fee waiver is reasonable as it is narrowly focused,
of limited duration, and is designed to encourage PSX market
participants to use the full functionality of the market, thereby
increasing liquidity available to investors. The Exchange believes that
the proposed fee waiver is equitable since it applies to any PSX
participant that seeks to use the routing function of the market and
subscribes a new port pair for routing during the free period. To date,
no member firms have subscribed new port pairs for the purpose of
routing from PSX. As noted, a member firm is not penalized for
cancelling its routing port pair at the end of the free period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \7\ and

subparagraph (f)(2) of Rule 19b-4 thereunder.\8\ At any time within 60
days of the filing of the proposed rule change, the Commission
summarily may temporarily suspend such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 No. SR-Phlx-2011-187 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 No. SR-Phlx-2011-187. 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Phlx-2011-187 and should be
submitted on or before February 1, 2012.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-321 Filed 1-10-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65633-65634]
[DOCID:fr21no07-108]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Program Management Committee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Program Management Committee meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the RTCA Program Management Committee.

DATES: The meeting will be held December 6, 2007 starting at 9 a.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 850, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Program Management

Committee meeting. The agenda will include:
December 6
 Opening Session (Welcome, Introductory Remarks, Review/Approve
Summary of October 11, 2007 PMC Meeting, RTCA Paper No. 258-07/PMC-
572).
 Publication Consideration/Approval:
     Final Draft, Change 1 to DO-294B, Guidance on Allowing
Transmitting Portable Electronic Devices (T-PEDS) on Aircraft, RTCA
Paper No. 272-07/PMC-579, prepared by SC-202.
     Final Draft, New Document, Operational Services and
Environment Definition (OSED) for Aeronautical Information Services
(AIS) and Meteorological (MET) Data Link Services, RTCA Paper No. 265-
07/PMC-576, prepared by SC-206.
     Final Draft, Revised DO-204, Minimum Operational
Performance Standards for 406 MHz Emergency Locator Transmitters (ELT),
RTCA Paper No. 267-07/PMC-577, Prepared by SC-204.
     Final Draft, Revised DO-160E, Environmental Conditions and
Test Procedures for Airborne Equipment, RTCA Paper No. 273-07/PMC-580,
Prepared by SC-135.
 Discussion:
     SC-210--Cabin Management Systems--Discussion--Consider
Proposed Co-Chairman.
     SC-214--Standards for Air Traffic Data Communication
Services--Discussion/Review/Approve Terms of Reference.
     Special Committee Chairman's Reports.
 Action Item Review:
     SC-147--Traffic Alert & Collision Avoidance System--
Discussion--PMC Ad Hoc Subgroup-Report.
     SC-203--Unmanned Aircraft Systems (UAS)--Discussion--
Status Review--PMC Ad Hoc Subgroup--Report.
     Closing Session (Other Business, Document Production, Date
and Place of Next Meeting, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT Section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on November 13, 2007.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 07-5764 Filed 11-20-07; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Page 34276]
[FR Doc No: 2016-12687]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0403]

Drawbridge Operation Regulation; Housatonic River, Stratford, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Metro-North Devon Bridge across the
Housatonic River, mile 3.9, at Stratford, Connecticut. This deviation
is necessary to allow the bridge owner to perform timber ties and
headblocks replacement at the bridge.

DATES: This deviation is effective from 8 a.m. on May 31, 2016 to 8
a.m. on July 18, 2016.

ADDRESSES: The docket for this deviation [USCG-2016-0403], is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Judy Leung-Yee, Project Officer,
First Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Metro-North Devon Bridge, mile 3.9,
across the Housatonic River, has a vertical clearance in the closed
position of 19 feet at mean high water and 25 feet at mean low water.
The existing bridge operating regulations are found at 33 CFR
117.207(b).
    The waterway is transited by seasonal recreational vessels.
    The bridge owner, Connecticut Department of Transportation,
requested a temporary deviation from the normal operating schedule to
perform timber ties and headblocks replacement at the bridge.
    Under this temporary deviation, the Metro-North Devon Bridge will
operate according to the schedule below:

    a. From 8 a.m. on May 31, 2016 through 4 a.m. on June 3, 2016,
the bridge will not open to marine traffic.
    b. From 4 a.m. on June 3, 2016 through 8 a.m. on June 6, 2016,
the bridge will open fully on signal upon 24 hr advance notice.
    c. From 8 a.m. on June 6, 2016 through 4 a.m. on June 10, 2016,
the bridge will not open to marine traffic.
    d. From 4 a.m. on June 10, 2016 through 8 a.m. on June 13, 2016,
the bridge will open fully on signal upon 24 hr advance notice.
    e. From 8 a.m. on June 13, 2016 through 4 a.m. on June 17, 2016,
the bridge will not open to marine traffic.
    f. From 4 a.m. on June 17, 2016 through 8 a.m. on June 20, 2016,
the bridge will open fully on signal upon 24 hr advance notice.
    g. From 8 a.m. on June 20, 2016 through 4 a.m. on June 24, 2016,
the bridge will not open to marine traffic.
    h. From 4 a.m. on June 24, 2016 through 8 a.m. on June 27, 2016,
the bridge will open fully on signal upon 24 hr advance notice.
    i. From 8 a.m. on June 27, 2016 through 4 a.m. on July 1, 2016,
the bridge will not open to marine traffic.
    j. From 4 a.m. on July 1, 2016 through 8 a.m. on July 5, 2016,
bridge will open in accordance with 33 CFR 117.207(b).
    k. From 8 a.m. on July 5, 2016 through 4 a.m. on July 8, 2016,
the bridge will not open to marine traffic.
    l. From 4 a.m. on July 8, 2016 through 8 a.m. on July 11, 2016,
the bridge will open fully on signal upon 24 hr advance notice.
    m. From 8 a.m. on July 11, 2016 through 4 a.m. on July 15, 2016,
the bridge will not open to marine traffic.
    n. From 4 a.m. on July 15, 2016 through 8 a.m. on July 18, 2016,
the bridge will open fully on signal upon 24 hr advance notice.

    Vessels able to pass under the bridge in the closed position may do
so at anytime. The bridge will not be able to open for emergencies and
there is no immediate alternate route for vessels to pass.
    The Coast Guard will inform the users of the waterways through our
Local Notice and Broadcast to Mariners of the change in operating
schedule for the bridge so that vessel operations can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 25, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2016-12687 Filed 5-27-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Pages 76705-76707]
[FR Doc No: 2013-29955]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-
2005-22194; FMCSA-2007-26653; FMCSA-2007-29019; FMCSA-2011-0092; FMCSA-
2011-0142; FMCSA-2011-0276]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
16 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective January 3, 2014. Comments must be
received on or before January 17, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999-
5578; FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2005-22194; FMCSA-2007-
26653; FMCSA-2007-29019; FMCSA-2011-0092; FMCSA-2011-0142; FMCSA-2011-
0276], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any

personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 16 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 16 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Woodrow E. Bohley (MO)
Kenneth E. Bross (MO)
Tracy L. Butcher (VA)
Russell W. Foster (OH)
Earl M. Frederick (SC)
Kevin Jacoby (NJ)
Eric L. Kinner (NY)
Richard L. Loeffelholz (WI)
Michael S. Maki (MN)
Herman C. Mash (NC)
Frank T. Miller (OH)
Robert G. Rascicot (FL)
Harry Smith, Jr. (NC)
Harry J. Stoever, Jr. (NJ)
Jon H. Wurtele (NE)
Walter M. Yohn, Jr. (AL)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 16 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 40404; 64 FR 51568; 64 FR 54948; 64 FR
66962; 65 FR 159; 66 FR 48504; 66 FR 66969; 68 FR 54775; 68 FR 69432;
70 FR 53412; 70 FR 57353; 70 FR 72689; 71 FR 644; 72 FR 8417; 72 FR
36099; 72 FR 58362; 72 FR 62896; 72 FR 67344; 72 FR 71995; 74 FR 34394;
74 FR 43222; 74 FR 57553; 74 FR 65847; 76 FR 25766; 76 FR 37885; 76 FR
49528; 76 FR 53708; 76 FR 61143; 76 FR 67248; 76 FR 70212; 76 FR 75942;
76 FR 79760; 76 FR 79761). Each of these 16 applicants has requested
renewal of the exemption and has submitted evidence showing that the
vision in the better eye continues to meet the requirement specified at
49 CFR 391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past two years indicates each
applicant continues to meet the vision exemption requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 17, 2014.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 16 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should

immediately notify FMCSA. The Agency will evaluate any adverse evidence
submitted and, if safety is being compromised or if continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke
the exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-1999-5578; FMCSA-
1999-5748; FMCSA-1999-6156; FMCSA-2005-22194; FMCSA-2007-26653; FMCSA-
2007-29019; FMCSA-2011-0092; FMCSA-2011-0142; FMCSA-2011-0276 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. 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 this proposed exemption based on your
comments. FMCSA may issue a final exemption at any time after the close
of the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2005-22194;
FMCSA-2007-26653; FMCSA-2007-29019; FMCSA-2011-0092; FMCSA-2011-0142;
FMCSA-2011-0276 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed exemption.

    Issued on: December 4, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-29955 Filed 12-17-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]
[Page 30009-30011]
[DOCID:fr24my06-141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53825; File No. SR-NYSE-2006-38]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Exchange's Financial Listing Criteria

May 17, 2006.
    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 May 16, 2006, the New York Stock Exchange LLC (``NYSE'' or
``Exchange''), 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 Exchange. NYSE has
filed this proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The NYSE proposes to amend its domestic financial listing standards
for companies proposing to list on the Exchange contained in Section
102.01C of the Exchange's Listed Company Manual (the ``Manual'') to
allow domestic companies to qualify for listing, under certain limited
circumstances, on the basis of their earnings, cash flows or revenues,
as applicable, in the most recent completed nine-month period. However
the Exchange must conclude that the company can reasonably be expected
to qualify under the regular standard upon completion of its then
current fiscal year.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nyse.com), at the Exchange's Office of the

Secretary, 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. NYSE 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
    NYSE proposes to amend its domestic financial listing standards for
companies proposing to list on the Exchange contained in Section
102.01C of the Exchange's Listed Company Manual (the ``Manual'') to
allow companies seeking to list under the Exchange's domestic standards
to qualify for listing, under certain limited circumstances, on the
basis of their earnings, cash flows or revenues, as applicable, in the
most recent completed nine-month period.
    Section 102.01C of the Manual allows companies to list under the
Exchange's domestic listing criteria by meeting one of the following
three standards:
     Earnings Test (1) Pre-tax earnings from continuing
operations and after minority interest, amortization and equity in the
earnings or losses of investees, adjusted for certain specified items,
must total at least $10,000,000 in the aggregate for the last three
fiscal years together with a minimum of $2,000,000 in each of the two
most recent fiscal years, and positive amounts in all three years.
     Valuation/Revenue with Cash Flow Test--
    (1) At least $500,000,000 in global market capitalization,
    (2) At least $100,000,000 in revenues during the most recent 12
month period, and
    (3) At least $25,000,000 aggregate cash flows for the last three
fiscal years with positive amounts in all three years, subject to
certain adjustments.
     Pure Valuation/Revenue Test--
    (1) At least $750,000,000 in global market capitalization, and
    (2) At least $75,000,000 in revenues during the most recent fiscal
year.
    Over the years, the Exchange states that it has been unable to list
a number of financially healthy companies because those companies had
insufficient earnings, cash flows, or revenues in the earliest fiscal
year required by the applicable standard. In many cases, such a company
is very different at the time of its listing application from the
company that had existed in such earlier period. Such company may have
undergone a recapitalization transaction in which it substantially
reduced its debt burden. Alternatively, the company may have undergone
a significant change in its operations, including, but not limited to:
     A divestiture or discontinuation of a loss-making business
line,
     A change in management,
     An acquisition or series of acquisitions,
     Economies of scale and increased revenues as the company
emerges from its start-up phase,
     The effect of foreign currency valuation,
     Entering a new geographic region or market or exiting a
geographic region or market, or
     The launch of a new product or service.
    Therefore, the Exchange proposes to amend Section 102.01C(I) and
(II) (the ``Earnings'' and ``Valuation/Revenue with Cash Flow'' Tests)
to enable it to qualify a company based on the most recent completed
nine months in lieu of the earliest fiscal year otherwise required by
the applicable standard, in circumstances where a recapitalization
transaction or significant change in operations has rendered irrelevant
the financial position of the company in

that third year back and the company would meet the requirements of
Section 102.01C(I) or (II) based on the most recent nine months and the
two immediately preceding fiscal years. For the same reasons, the
Exchange proposes to amend Section 102.01C(III) (the ``Pure Valuation/
Revenue'' Test) on the basis of the most recent nine months, instead of
a full fiscal year. In such cases, the Exchange must conclude that the
Company can reasonably be expected to qualify under the regular
standard upon completion of its then current fiscal year.
    The Exchange believes that investors are not protected less by the
qualification for listing of companies that can meet the Earnings or
Valuation/Revenue with Cash Flow Tests on the basis of 33 months of
financial history, including their last two completed fiscal quarters,
than by the qualification of companies based on an older three-year
period, particularly if a recapitalization or significant change in
operations has materially changed the nature of the company. Similarly,
the Exchange believes that investors are not protected less by the
qualification for listing of companies that can meet the Pure
Valuation/Revenue Test on the basis of the most recently completed nine
months period, rather than an older twelve month period. The Exchange
believes that any company it would qualify for listing on the basis of
the proposed amendment would meet the existing standards of Section
102.01C with the passage of time upon completion of its next fiscal
year.\5\
---------------------------------------------------------------------------

    \5\ For purposes of Rule 3a51-1(a)(1) under the Act, the
Exchange states that, as proposed to be amended herein, its initial
listing standards will be substantially similar to the initial
listing standards in place on January 8, 2004. 17 CFR 240.3a51-
1(a)(1).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b) \6\ of the Act, in general, and
Section 6(b)(5) \7\ of the Act, in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to remove impediments to, and
perfect the mechanism of a free and open market and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78(f)(b).
    \7\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change: (1) Does not significantly affect
the protection of investors or the public interest; (2) does not impose
any significant burden on competition; and (3) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \8\ and
Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). As required by Rule 19b-4(f)(6)(iii)
under the Act, the Exchange also provided with the Commission with
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of the proposed rule
change.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay specified in Rule 19b-4(f)(6)(iii).\10\ The Commission hereby
grants that request because the Commission believes that waiving the
30-day operative period is consistent with the protection of investors
and public interest.\11\ In its proposal to qualify a company, in the
case of the Earnings Test and Valuation/Revenue with Cash Flow Test, on
the basis of 33 months of financial history and, in the case of the
Pure Valuation/Revenue Test, on the basis of nine months of financial
history, the Exchange has stated its belief that any company that it
would qualify for listing on the basis of the proposed rule change
would meet the existing standards of Section 102.01C upon completion of
its next fiscal year. Therefore, the Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 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. See 15 U.S.C.
78c(f). The Exchange also requested that the Commission waive the
five-day pre-filing requirement; however, the Exchange provided the
Commission with such notice; therefore, this request is moot.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSE-2006-38 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-NYSE-2006-38. 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. Copies of such
filing will also be available for inspection and copying at the
principal office of the NYSE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2006-38 and should be submitted by June 14, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).

Nancy M. Morris,
Secretary.
[FR Doc. E6-7914 Filed 5-23-06; 8:45 am]

BILLING CODE 8010-01-P