[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12752-12756]
[FR Doc No: 2022-04675]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94336; File No. SR-NYSEArca-2022-09]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Proprietary Market Data Fee Schedule

March 1, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on February 23, 2022, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Proprietary
Market Data Fee Schedule (``Fee Schedule'') to adopt fees for the NYSE
Options Open-Close Volume Summary market data product, effective March
1, 2022. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts 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 proposes to amend the Fee Schedule to adopt fees for
the NYSE Options Open-Close Volume Summary,\4\ which will be available
for purchase by any market participant, i.e., members \5\ and non-
members. The Exchange proposes to implement fees for the NYSE Options
Open-Close Volume Summary market data product on March 1, 2022. The
proposed fees would be applied equally to all market participants and
all market participants would receive the same information in the data
feed.
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    \4\ See Securities Exchange Act Release No. 93132 (September 27,
2021), 86 FR 54499 (October 1, 2021) (SR-NYSEArca-2021-82) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change to
Adopt a New Historical Market Data Product to Be Known as the NYSE
Options Open-Close Volume Summary) (``Product Filing'').
    \5\ Members of the Exchange are OTP Firms, OTP Holders and ETP
Holders.
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Background
    By way of background, pursuant to the Product Filing, the Exchange
adopted two versions of the NYSE Options Open-Close Volume Summary: An
End of Day Volume Summary market data product and an Intra-Day Volume
Summary market data product. The Exchange will initially offer the End
of Day Volume Summary market data product and the purpose of this
filing is to adopt fees for the End of Day Volume Summary market data
product.\6\ The End of Day Volume Summary provides a volume summary of
trading activity on the Exchange at the option level by origin
(Customer, Professional Customer, Firm, Broker-Dealer, and Market Maker
\7\), side of the market (buy or sell), contract volume, and
transaction type (opening or closing). The Customer, Professional
Customer, Firm, Broker-Dealer, and Market Maker volume is further
broken down into trade size buckets (less than 100 contracts, 100-199
contracts, greater than 199 contracts). The NYSE Options Open-Close
Volume Summary is proprietary Exchange trade data and does not include
trade data from any other exchange. It is also a historical data
product and not a real-time data feed.
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    \6\ The Exchange intends to offer the Intra-Day Volume Summary
market data product when the NYSE Arca options market transitions to
the Pillar trading platform, anticipated for Q2 2022. The Exchange
will submit a separate proposed rule change to establish fees for
the Intra-Day Volume Summary product prior to its launch.
    \7\ The terms Customer, Professional Customer, Firm and Market
Maker are defined in Rule 1.1, Definitions.
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    The Exchange anticipates a wide variety of market participants to
purchase the End of Day Volume Summary data product, including, but not
limited to, individual customers, buy-side investors, and investment
banks. The Exchange believes the End of Day Volume Summary would
provide subscribers data that should enhance their ability to analyze
options trade and volume data, and to create and test trading models
and analytical strategies. The Exchange believes the End of Day Volume
Summary will be a valuable tool that subscribers can use to gain
comprehensive insight into the trading activity in a particular options
series. The End of Day Volume Summary is a completely voluntary
product, in that the Exchange is not required by any rule or regulation
to make this data available and that potential subscribers may purchase
it only if they voluntarily choose to do so. The Exchange notes that
other exchanges offer a similar product.\8\
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    \8\ See Securities Exchange Act Release Nos. 89497 (August 6,
2020), 85 FR 48747 (August 12, 2020) (SR-CboeBZX-2020-059); 89498
(August 6, 2020), 85 FR 48735 (August 12, 2020) (SR-Cboe-EDGX-2020-
36); 85817 (May 9, 2019), 84 FR 21863 (May 15, 2019) (SR-CBOE-2019-
026); 89496 (August 6, 2020), 85 FR 48743 (August 12, 2020) (SR-C2-
2020-010); 89586 (August 17, 2020), 85 FR 51833 (August 21, 2020)
(SR-C2-2020-012); 62887 (September 10, 2010), 75 FR 57092 (September
17, 2010) (SR-Phlx-2010-121); 65587 (October 18, 2011), 76 FR 65765
(October 24, 2011) (SR-NASDAQ-2011-144); 61317 (January 8, 2010), 75
FR 2915 (January 19, 2010) (SR-ISE-2009-103); 81632 (September 15,
2017), 82 FR 44235 (September 21, 2017) (SR-GEMX-2017-42); 91963
(May 21, 2021), 86 FR 28662 (May 27, 2021) (SR-EMERALD-2021-18);
91964 (May 21, 2012), 86 FR 28667 (May 27, 2021) (SR-PEARL-2021-24);
and 91965 (May 21, 2021), 86 FR 28665 (May 27, 2021) (SR-MIAX-2021-
18).
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    The End of Day Volume Summary is subject to direct competition from
similar end of day options trading summaries offered by other options
exchanges.\9\ All of these exchanges offer essentially the same end of
day options trading summary information. The options trading summary
files offered by the Exchange's competitors are substitutes, not
complements. The End of Day Volume Summary provides data on options
market activity which can be used to infer longer-term trends. The
information provided by one exchange is generally similar to that
provided by other exchanges because order flow can move from one
exchange to another, and market sentiment trends that appear on one
exchange are likely to be similar to the sentiment trends on other
exchanges. The key differentiator in the quality of the data depends on
the volume of transactions on a given exchange. The greater the volume
of transactions, the greater the value of the data.
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    \9\ See note 8, supra.
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Proposed Rule Change
    The Exchange proposes to adopt subscription fees for the purchase
of the End of Day Volume Summary on a monthly basis. The Exchange
proposes to assess a fee of $750 per month for subscribing to the End
of Day Volume Summary. The Exchange also proposes that for mid-month
subscriptions, new subscribers will be charged for the full calendar
month for which they subscribe and will be provided NYSE Options Open-
Close Volume Summary data for each trading day of the calendar month in
which they subscribed. The proposed monthly fees will apply to all
market participants. The Exchange notes that other exchanges provide
similar data products that may be purchased on a monthly basis and are
comparably priced.\10\
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    \10\ See Price List--U.S. Derivatives Data for Nasdaq PHLX, LLC
(``PHLX''), The Nasdaq Stock Market, LLC (``Nasdaq''), Nasdaq ISE,
LLC (``ISE''), and Nasdaq GEMX, LLC (``GEMX''), available at http://www.nasdaqtrader.com/Trader.aspx?id=DPPriceListOptions#web.
Particularly, PHLX offers ``Nasdaq PHLX Options Trade Outline
(PHOTO)'' and assesses $750 per month for an end of day
subscription; Nasdaq offers the ``Nasdaq Options Trade Outline
(NOTO)'' and assesses $500 per month for an end of day subscription;
ISE offers the ``Nasdaq ISE Open/Close Trade Profile'' and assesses
$750 per month for an end of day subscription; and GEMX offers the
``Nasdaq GEMX Open/Close Trade Profile'' and assesses $500 per month
for an end of day subscription. Cboe EDGX Exchange, Inc. (``EDGX'')
assesses $500 per month for an end of day subscription and Cboe BZX
Exchange, Inc. (``BZX'') assesses $500 per month for an end of day
subscription. See EDGX fee schedule available at http://markets.cboe.com/us/options/membership/fee_schedule/edgx/; and BZX
fee schedule available at http://markets.cboe.com/us/options/membership/fee_schedule/bzx/. Miami International Securities
Exchange, LLC (``MIAX''), MIAX Emerald, LLC (``Emerald'') and MIAX
PEARL, LLC (``PEARL'') each assesses $600 per month for an end of
day subscription. See MIAX Fee Schedule, available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Options_Fee_Schedule_09282021.pdf; Emerald Fee Schedule,
available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Emerald_Fee_Schedule_09282021.pdf; and PEARL
Fee Schedule, available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Pearl_Options_Fee_Schedule_092821.pdf.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\12\ 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 a national
market system, and to protect investors and the public interest, and
that it is not designed to permit unfair discrimination among
customers, brokers, or dealers. The Exchange also believes that its
proposal to adopt fees for the End of Day Volume Summary market data
product is consistent with Section 6(b) of the Act \13\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \14\ in
particular, in that it is an equitable allocation of dues, fees and
other charges among its members and other recipients of Exchange data.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
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    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. Particularly, the End of
Day Volume Summary further broadens the availability of U.S. options
market data to investors consistent with the principles of Regulation
NMS. Subscribers to the data may also be able to enhance their ability
to analyze options trade and volume data and create and test trading
models and analytical strategies. The Exchange believes the End of Day
Volume Summary would provide a valuable tool that subscribers can use
to gain comprehensive insight into the trading activity in a particular
series, but also emphasizes such data is not necessary for trading.
Moreover, other exchanges offer a similar data product.\15\
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    \15\ See note 8, supra.
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    The Exchange operates in a highly competitive market. Indeed, there
are currently 16 registered options exchanges competing for order flow.
Based on publicly-available information, and excluding index-based
options, no single exchange has more than 16% of the market share of
executed volume of multiply-listed equity and ETF options trades.\16\
Therefore, currently no exchange possesses significant pricing power in
the execution of multiply-listed equity and ETF options order flow.
More specifically, in November 2021, the Exchange had less than 13%
market share of executed volume of multiply-listed equity and ETF
options trades.\17\
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    \16\ The Options Clearing Corporation (``OCC'') publishes
options and futures volume in a variety of formats, including daily
and monthly volume by exchange, available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \17\ Based on OCC data for monthly volume of equity-based
options and monthly volume of ETF-based options, see id., the
Exchange's market share in multiply-listed equity and ETF options
was 10.35% for the month of November 2020 and 12.99% for the month
of November 2021.
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    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues, and also recognized that
current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \18\
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    \18\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
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    With respect to market data, the decision of the United States
Court of Appeals for the District of Columbia Circuit in NetCoalition
v. SEC upheld the Commission's reliance on the existence of competitive
market mechanisms to evaluate the reasonableness and fairness of fees
for proprietary market data:

    In fact, the legislative history indicates that the Congress
intended that the market system ``evolve through the interplay of
competitive forces as unnecessary regulatory restrictions are
removed'' and that the SEC wield its regulatory power ``in those
situations where competition may not be sufficient,'' such as in the
creation of a ``consolidated transactional reporting system.'' \19\
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    \19\ NetCoalition v. SEC, 615 F.3d 525, 535 (D.C. Cir. 2010)
(quoting H.R. Rep. No. 94-229 at 92 (1975), as reprinted in 1975
U.S.C.C.A.N. 323).

    The court agreed with the Commission's conclusion that ``Congress
intended that `competitive forces should dictate the services and
practices that constitute the U.S. national market system for trading
equity securities.' '' \20\
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    \20\ Id. at 535.
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    More recently, the Commission confirmed that it applies a ``market-
based'' test in its assessment of market data fees, and that under that
test:

the Commission considers whether the exchange was subject to
significant competitive forces in setting the terms of its proposal
for [market data], including the level of any fees. If an exchange
meets this burden, the Commission will find that its fee rule is
consistent with the Act unless there is a substantial countervailing
basis to find that the terms of the rule violate the Act or the
rules thereunder.\21\
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    \21\ See Securities Exchange Act Release No. 34-90217 (October
16, 2020), 85 FR 67392 (October 22, 2020) (SR-NYSENAT-2020-05)
(internal quotation marks omitted), quoting Securities Exchange Act
Release No. 59039 (December 2, 2008), 73 FR 74770, 74781 (December
9, 2008) (ArcaBook Approval Order).

    Making similar historic data products available to market
participants fosters competition in the marketplace, and constrains the
ability of exchanges to charge supra-competitive fees. In the event
that a market participant views one exchange's data product as more or
less attractive than the competition they can and do switch between
similar products. The proposed fees are a result of the competitive
environment, as the Exchange seeks to adopt fees to attract purchasers
of the End of Day Volume Summary data product.
    The Exchange believes the proposed fees are reasonable as they are
comparable to the fees assessed by other exchanges that provide similar
data products.\22\ Indeed, proposing fees that are excessively higher
than established fees for similar data products would simply serve to
reduce demand for the Exchange's data product, which as noted, is
entirely optional. Like the End of Day Volume Summary, other exchanges
offer similar data products that each provide insight into trading on
those markets and may likewise aid in assessing investor sentiment.
Although each of these similar data products provide only proprietary
trade data and not trade data from other exchanges, it is possible
investors are still able to gauge overall investor sentiment across
different option series based on open and closing interest on any one
exchange. Similarly, market participants may be able to analyze option
trade and volume data, and create and test trading models and
analytical strategies using only the End of Day Volume Summary data
relating to trading activity on one or more of the other markets that
provide similar data products. As such, if a market participant views
another exchange's data as more attractive than the Exchange's data
product, then such market participant can merely choose not to purchase
the Exchange's data product and instead purchase another exchange's
product, which offer similar data points, albeit based on that other
market's trading activity.
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    \22\ See, note 10, supra.
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    The Exchange also believes the proposed fees are reasonable as they
would support the introduction of a new historic market data product
that is designed to aid investors by providing insight into trading on
the Exchange.

Once the End of Day Volume Summary is made available, it would provide
options market participants with valuable information about opening and
closing transactions executed on the Exchange throughout the trading
day, similar to other trade data products offered by competing options
exchanges. In turn, this data would assist market participants in
gauging investor sentiment and trading activity, resulting in
potentially better-informed trading decisions. As noted above,
subscribers may also use such data to create and test trading models
and analytical strategies.
    Selling historic market data is also a means by which exchanges
compete to attract business. To the extent that the Exchange is
successful in attracting subscribers to the Exchange's historic data
product, it may earn trading revenues and further enhance the value of
its data products. If the market deems the proposed fees to be unfair
or inequitable, subscribers can diminish or discontinue their use of
the historic data and/or avail themselves of similar products offered
by other exchanges.\23\ The Exchange therefore believes that the
proposed fees reflect the competitive environment and would be properly
and equally assessed to all subscribers. The Exchange also believes the
proposed fees are equitable and not unfairly discriminatory as the fees
would apply equally to all subscribers who choose to purchase such
data. Nothing in this proposal treats any category of market
participant any differently from any other category of market
participant. The End of Day Volume Summary is available to all market
participants, i.e., members and non-members, and all market
participants would receive the same information in the data feed.
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    \23\ See, note 8, supra.
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    As noted above, the Exchange anticipates a wide variety of market
participants to purchase the Exchange's data product, including but not
limited to individual customers, buy-side investors and investment
banks. The Exchange reiterates that the decision as to whether or not
to purchase the End of Day Volume Summary is entirely optional for all
potential subscribers. Indeed, no market participant is required to
purchase the data product, and the Exchange is not required to make the
data product available to market participants. Rather, the Exchange is
voluntarily making the End of Day Volume Summary data product
available, as requested by customers, and market participants may
choose to receive (and pay for) this data based on their own business
needs. Potential subscribers may request the data at any time if they
believe it to be valuable or may decline to purchase such data.
    In sum, the fierce competition for order flow constrains any
exchange from pricing its historic market data at a supra-competitive
price, and constrains the Exchange here in setting its fees for the End
of Day Volume Summary data product. As described above, the Exchange's
data product competes head-to-head with numerous products currently
available in the marketplace. These products each serve as reasonable
substitutes for one another as they are each designed to provide data
on options market activity which can be used to infer longer-term
trends. The information provided by one exchange is generally similar
to that provided by other exchanges because order flow can move from
one exchange to another, and market sentiment trends that appear on one
exchange are likely to be similar to the sentiment trends on other
exchanges. The key differentiator in the quality of the data depends on
the volume of transactions on a given exchange. The greater the volume
of transactions, the greater the value of the historic data. The
proposed fees are therefore reasonable because in setting them, the
Exchange is constrained by the availability of numerous substitute
venues offering historic market data products and trading. Such
substitutes need not be identical, but only substantially similar to
the product at hand.
    More specifically, in setting fees for the End of Day Volume
Summary, the Exchange is constrained by the fact that, if its pricing
is unattractive to subscribers, subscribers have their pick of an
increasing number of alternative venues to use instead of the Exchange.
The existence of numerous alternatives to the Exchange ensures that the
Exchange cannot set unreasonable fees for historic market data without
suffering the negative effects of that decision in the fiercely
competitive market in which it operates.

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. The Exchange
also does not believe the proposed fees would cause any unnecessary or
inappropriate burden on intermarket competition as other exchanges are
free to introduce their own comparable historic data product and adopt
fees to better compete with the Exchange's offering. Rather, the
Exchange believes that the proposal will promote competition by
permitting the Exchange to sell a data product similar to those offered
by other competitor options exchanges.\24\ The Exchange is offering the
End of Day Volume Summary in order to keep pace with changes in the
industry and evolving customer needs, and believes the data product
will contribute to robust competition among national securities
exchanges. At least eight other U.S. options exchanges offer a market
data product that is substantially similar to the Exchange's offering.
As a result, the Exchange believes this proposed rule change permits
fair competition among national securities exchanges.
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    \24\ Id.
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    Furthermore, the Exchange operates in a highly competitive
environment, and its ability to price End of Day Volume Summary is
constrained by competition among exchanges that offer similar data
products to their customers. As discussed above, there are currently a
number of similar products available to market participants and
investors. At least eight other U.S. options exchanges offer a market
data product that is substantially similar to the Exchange's offering,
which the Exchange must consider in its pricing discipline in order to
compete effectively.\25\ For example, proposing fees that are
excessively higher than established fees for similar data products
would simply serve to reduce demand for the Exchange's data product,
which as discussed, market participants are under no obligation to
utilize or purchase. In this competitive environment, potential
purchasers are free to choose which, if any, similar product to
purchase to satisfy their need for market information. As a result, the
Exchange believes this proposed rule change permits fair competition
among national securities exchanges.
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    \25\ See, note 10, supra.
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    The Exchange does not believe the proposed rule change would cause
any unnecessary or inappropriate burden on intramarket competition.
Particularly, the proposed fees would apply uniformly to any
subscriber, in that the Exchange would not differentiate between
subscribers that purchase the End of Day Volume Summary and all
subscribers would receive the same information in the data feed. The
Exchange believes the proposed fees are set at a modest level that
would allow interested subscribers to purchase such data based on their
business needs.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \26\ of the Act and subparagraph (f)(2) of Rule
19b-4 \27\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \26\ 15 U.S.C. 78s(b)(3)(A).
    \27\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \28\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \28\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2022-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2022-09. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2022-09 and should be submitted
on or before March 28, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
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    \29\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-04675 Filed 3-4-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45722-45723]
[FR Doc No: 2021-17512]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13213-018]

Lock 14 Hydro Partners, LLC; Notice of Application Accepted for
Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:

    a. Type of Application: Non-capacity amendment to the license.
    b. Project No.: 13213-018.
    c. Date Filed: July 29, 2021.
    d. Applicant: Lock 14 Hydro Partners, LLC.
    e. Name of Project: Heidelberg Hydroelectric Project.
    f. Location: This unconstructed project is located at the Kentucky
River Authority's Lock and Dam No. 14 on the Kentucky River, near the
Town of Heidelberg, in Lee County, Kentucky.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. David Brown Kinloch, Lock 14 Hydro
Partners, LLC, 414 S. Wenzel Street, Louisville, KY 40204, (502) 589-
0975.
    i. FERC Contact: Zeena Aljibury,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protests
is 30 days from the issuance date of this notice by the Commission.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, or comments using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). 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. The first page of any filing should
include the docket number P-13213-018. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Lock 14 Hydro Partners, LLC requests
approval for an amendment to the license for the Heidelberg
Hydroelectric Project. Lock 14 Hydro Partners, LLC is proposing to use
6 Voith StreamDivers (submersible turbine-generators) with a total
generating capacity of 3.03 megawatts

(MW) as opposed to the authorized 5 Voith submersible turbine-
generators with a total generating capacity of 2.64 MW. The proposed 6
units would have a total hydraulic capacity of approximately 2,636
cubic feet per second (cfs), as opposed to the total hydraulic capacity
authorized for the 5 units of 2,295 cfs. The applicant states that this
slight increase in the maximum hydraulic capacity should have no impact
on fish entrainment since the inlet speed at the trashrack would still
be well below the maximum inlet speed of 1.5 feet per second in the
project license.
    l. Locations of the Application: The Commission provides all
interested persons an opportunity to view and/or print the contents of
this document via the internet through the Commission's website at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. Agencies may
obtain copies of the application directly from the applicant. 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 the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll free,
(866) 208-3676 or TTY,<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person commenting, protesting or intervening; and (4)
otherwise comply with the requirements of 18 CFR 385.2001 through
385.2005. All comments, motions to intervene, or protests must set
forth their evidentiary basis. Any filing made by an intervenor must be
accompanied by proof of service on all persons listed in the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 385.2010.

     Dated: August 10, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-17512 Filed 8-13-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24946-24947]
[FR Doc No: 2012-10075]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2558-031]

Central Vermont Public Service Corporation; Notice of Application
for Amendment of License and Soliciting Comments, Motions To Intervene,
and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of License.
    b. Project No.: P-2558-031.
    c. Date Filed: April 9, 2012, and Supplemented on April 10, 2012.
    d. Applicant: Central Vermont Public Service Corporation.
    e. Name of Project: Otter Creek Hydroelectric Project.
    f. Location: The existing project is located on Otter Creek in
Addison and Rutland counties, Vermont. The project does not affect
federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mike Scarzello, Generation Asset Manager,
Central Vermont Public Service Corporation, 77 Grove Street, Rutland,
VT 05701; Telephone:<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Kim Carter, Telephone<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing comments and or motions: Comments and or
motions are due within 15 days of the date of this notice. If issued
today, the date is Friday May 4, 2012.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site (http://www.ferc.gov/docs-filing/efiling.asp). Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
(http://www.ferc.gov/docs-filing/ecomment.asp) and must include name
and contact information at the end of comments. The Commission strongly
encourages electronic filings.
    All documents (original and seven copies) filed by paper should be
sent to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. Please include the project number (P-
2558-031) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Application: The existing Otter Creek Project
consists of three developments: the Proctor, the Beldens, and the
Huntington Falls development. The licensee proposes to construct a
permanent access bridge at the Proctor Development to improve station
access for operations, maintenance, repair, and safety.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site using the ``eLibrary'' link at http://elibrary.ferc.gov/idmws/search/fercgensearch.asp. Enter the docket
number excluding the last three digits (P-2558) in the docket number
field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified

comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

    Dated: April 19, 2012.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-10075 Filed 4-25-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Rules and Regulations]
[Pages 54739-54741]
[FR Doc No: 2016-19652]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0797]
RIN 1625-AA08

Special Local Regulations; Tall Ships Duluth 2016 Parade of Sail,
Lake Superior, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local
regulations on the navigable waters of Lake Superior and Duluth Harbor,
Minnesota for the Tall Ships Duluth 2016 Parade of Sail. This action is
necessary to provide for the safety of life and property on the
navigable waters of Lake Superior and Duluth, Minnesota, during Tall
Ships Duluth 2016 Parade of Sail on August 18, 2016. These temporary
special local regulations would restrict vessel traffic in portions of
Lake Superior and Duluth Harbor, Minnesota, unless authorized by the
Captain of the Port (COTP) Duluth.

DATES: This rule is effective from 9:00 a.m. through 5:00 p.m. August
18, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0797 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 Lieutenant Junior Grade John Mack, Waterways management,
MSU Duluth, 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 doing so would be impracticable.
Amplifying information regarding event schedule, plan, and vessel
participants was not provided by the event sponsor with sufficient time
to accommodate the comment period prior to the August 18, 2016 event.
Thus, delaying the effective date of this rule to wait for the comment
period to run would be both impracticable because it would be
impossible to have the rule implemented before the date of the event.
    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. Delaying the effective
date of this rule would be contrary to public interest as it would
inhibit the Coast Guard's ability to protect spectator and vessels from
the hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. These temporary special local regulations will provide for the
safety of life and protection of property on the navigable waters of
Lake Superior and Duluth Harbor, Minnesota, by providing for the
organized viewing of Tall Ships and preventing the large number of
spectator vessels from interfering with the organized and controlled
Parade of Sail.

IV. Discussion of the Rule

    Duluth, Minnesota will host the Tall Ships Duluth 2016 from August
18-21, 2016. This visit of sailing vessels is part of a recurring
series of sail training races, rallies, cruises, and port festivals
organized by Tall Ships America in conjunction with host ports in the
United States and Canada. The Tall Ships Duluth 2016, including a
Parade of Sail, is akin to similar events held several times in the
past in Duluth, Minnesota, the most recent being in 2013.
    The Tall Ships visit to Duluth, which will occur from August 18-21,
2016, will include a Parade of Sail on August 18, 2016. About 9 vessels
are expected to participate in the Parade of Sail. These temporary
special local regulations will provide for the safety of life and
protection of property on the navigable waters of Lake Superior and
Duluth Harbor, Minnesota, by providing for the organized viewing of
Tall Ships and by preventing the large number of spectator vessels from
interfering with the organized and controlled Parade of Sail. There may
be vessels participating in the event from several foreign countries
and the high visibility of this event warrants that temporary special
local regulations be established to ensure the safety of vessels and
spectators from hazards associated with Tall Ships Duluth 2016.
    The participating vessels will berth at assigned facilities in
Duluth, Minnesota, from August 18-21, 2016. On August 19, 2016,
visitors will be permitted to board the berthed vessels from shore. On
the morning of August 22, 2016, the Tall Ships will depart the Duluth
Harbor.
    The Coast Guard believes that vessel congestion due to the large
number of participating and spectator vessels may pose a significant
hazard to navigation. To reduce the risk associated with congested
waterways the Coast Guard is proposing to establish regulated areas to
restrict vessel movement around the location of the participating Tall
Ships while participating in the Parade of Sail in Duluth Harbor. These
temporary special local regulations would be in effect from 9:00 a.m.
through 5:00 p.m. August 18, 2016.
    Area ``Duluth Harbor'': This Area includes all waters of Lake
Superior and Duluth Harbor bounded by Rice's Point to the west and
Duluth to the north, within the following boundaries: Beginning at
position 46[deg]49'11'' N., 92[deg]02'20'' W., then due south to
position 46[deg]45'12'' N., 92[deg]02'20'' W., and then west to
position 46[deg]45'12'' N., 92[deg]05'40'' W. (Duluth Marine Terminal
South Light (LLNR 15935)). This area is needed to protect the maritime
public and participating vessels from hazards to navigation associated
with numerous spectator craft during the Parade of Sail on August 18,
2016.
    Area ``Parade of Sail'': This Area includes all waters of Lake
Superior and Duluth Harbor bounded by Duluth to the north, within the
following

boundaries: Beginning at position 46[deg]46'51.54'' N.,
92[deg]05'17.03'' W. (North Pier Light (LLNR 15855)), then northeast to
position 46[deg]47'18.96'' N., 92[deg]4'0.84'' W., then south to
position 46[deg]47'11.04'' N., 92[deg]03'55.08'' W., then southwest to
position 46[deg]46'48.46'' N., 92[deg]05'15.02'' W. (South Breakwater
Outer Light (LLNR 15845)), then to position 46[deg]46'40.66'' N.,
92[deg]05'36.59'' W. near the Duluth Lift Bridge, then to position
46[deg]46'34.04'' N., 92[deg]05'39.64'' W. (Basin Buoy 1 (LLNR 15865)),
and then west to position 46[deg]46'36.42'' N., 92[deg]06'07.86'' W.
This area is needed to enhance navigation safety by facilitating the
organized and controlled transit of participating vessels through the
parade route and minimizing the impact on the maritime community.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the special local regulations.
These proposed regulations involve only the Duluth portion of Duluth/
Superior Harbor and would close the Duluth Entry Channel to commercial
traffic only for several hours during the actual Parade of Sail on
August 18, 2016. The Superior Entry would remain open to vessel traffic
at all times. The impact of these proposed regulations will not be
significant because these regulations would be in effect for only a
portion of one day centered on the Parade of Sail, and most vessel
traffic can pass safely around affected areas of Duluth Harbor by
transiting through the Superior Entry.
    Notice of these special local regulations will be provided prior to
the event through Local Notice to Mariners and Broadcast Notice to
Mariners. In addition, the sponsoring organization, Draw Events, LLC.,
is planning to publish information of the event in local newspapers,
pamphlets, and Internet sites.

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
regulated areas 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 (Public Law 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
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves special local regulations lasting no more than 12 hours.
It is categorically excluded from further review under paragraph 34(h)
of Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion

Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T09-0797 to read as follows:

Sec.  100.T09-0797  Special Local Regulations; Tall Ships Duluth 2016
Parade of Sail, Duluth, MN.

    (a) Regulated Areas. (1) Area Duluth Harbor: This Area includes all
waters of Lake Superior and Duluth Harbor bounded by Rice's Point to
the west and Duluth to the north, within the following boundaries:
Beginning at position 46[deg]49'11'' N., 92[deg]02'20'' W., then due
south to position 46[deg]45'12'' N., 92[deg]02'20'' W., and then west
to position 46[deg]45'12'' N., 92[deg]05'40'' W. (Duluth Marine
Terminal South Light (LLNR 15935)).
    (2) Area Parade of Sail: This Area includes all waters of Lake
Superior and Duluth Harbor bounded by Duluth to the north, within the
following boundaries: Beginning at position 46[deg]46'51.54'' N.,
92[deg]05'17.03'' W. (North Pier Light (LLNR 15855)), then northeast to
position 46[deg]47'18.96'' N., 92[deg]4'0.84'' W., then south to
position 46[deg]47'11.04'' N., 92[deg]03'55.08'' W., then southwest to
position 46[deg]46'48.46'' N., 92[deg]05'15.02'' W. (South Breakwater
Outer Light (LLNR 15845)), then to position 46[deg]46'40.66'' N.,
92[deg]05'36.59'' W. near the Duluth Lift Bridge, then to position
46[deg]46'34.04'' N., 92[deg]05'39.64'' W. (Basin Buoy 1 (LLNR 15865)),
and then west to position 46[deg]46'36.42'' N., 92[deg]06'07.86'' W.
    (b) Special Local Regulations. (1) In accordance with the general
regulations in Sec.  100.35 of this part, entry into, transiting, or
anchoring within the regulated areas is prohibited unless designated
for vessels of that type or entry is authorized by the Captain of the
Port (COTP) Duluth or on-scene representatives.
    (2) All persons and vessels are authorized by the COTP Duluth to
enter areas of these special local regulations in accordance with the
following restrictions:
    (i) Area Duluth Harbor: Vessels transiting this Area must do so at
a speed of not more than six (6) knots or at no wake speed, whichever
is less. Vessels proceeding under sail will not be allowed in this Area
unless also propelled by machinery, due to limited maneuvering ability
around numerous other spectator craft viewing the Tall Ships.
    (ii) Area Parade of Sail: This Area will be closed to all vessel
traffic, except those vessels designated as participants.
    (3) The Coast Guard will provide notice of the regulated areas
prior to the event through Local Notice to Mariners and Broadcast
Notice to Mariners. Notice will also be provided by on-scene
representatives.
    (4) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer and any
Federal, State, or local officer designated by the Captain of the Port
to act on his behalf.
    (5) Vessel operators desiring to enter or operate within the
regulated areas shall contact the Captain of the Port Duluth by
telephone at<PHONE_NUMBER>, or on-scene representative via VHF radio on
channel 16, to obtain permission to do so. Vessel operators given
permission to enter, operate, transit through, anchor in, or remain
within the regulated areas must comply with all instructions given by
COTP Duluth or on-scene representatives.

    Dated: August 12, 2016.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-19652 Filed 8-16-16; 8:45 am]
BILLING CODE 9110-04-P