[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Pages 70284-70285]
[FR Doc No: 2015-28795]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76382; File No. 4-657]

Order Granting Exemption From Compliance With the National Market
System Plan To Implement a Tick Size Pilot Program

November 6, 2015.

I. Introduction

    Pursuant to Rule 608(e) \1\ under the Securities Exchange Act of
1934 (``Exchange Act''), the Securities and Exchange Commission
(``Commission'') may exempt from compliance with the provisions of Rule
608, either unconditionally or on specified terms and conditions, any
self-regulatory organization, member thereof, or specified security, if
the Commission determines that such exemption is consistent with the
public interest, the protection of investors, the maintenance of fair
and orderly markets and the removal of impediments to, and perfection
of the mechanisms of, a national market system. As discussed below, the
Commission is exercising its authority under Rule 608(e) to exempt BATS
Exchange, Inc., BATS Y-Exchange, Inc., Chicago Stock Exchange, Inc.,
EDGA Exchange, Inc., EDGX Exchange, Inc., Financial Industry Regulatory
Authority, Inc. (``FINRA''), NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC,
the Nasdaq Stock Market LLC, New York Stock Exchange LLC (``NYSE''),
NYSE MKT LLC, and NYSE Arca, Inc., (collectively ``SROs'' or
``Participants''), from implementing the Plan to Implement a Tick Size
Pilot Program (``Tick Size Pilot'') until October 3, 2016.
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    \1\ 17 CFR 242.608(e).
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II. Background

    On May 6, 2015, the Commission approved the Tick Size Pilot and
provided that the Tick Size Pilot be implemented within one year after
the publication of the order.\2\ The Tick Size Pilot will have a two-
year duration (``Pilot Period''),\3\ and will include exchange-listed
common stocks that have the following characteristics: (1) A market
capitalization of less than $3 billion; (2) a closing price of at least
$2 per share on the last day of the measurement period (and a closing
price of not less than $1.50 per share during the measurement period);
(3) a consolidated average daily volume of one million shares or less;
and (4) a volume-weighted average price of at least $2 per share
(``Pilot Securities'').
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    \2\ Securities Exchange Act Release No. 74892 (May 6, 2015), 80
FR 27514 (May 13, 2015).
    \3\ The term Pilot Period means the operative period of the Tick
Size Pilot, lasting two years from the date of implementation. See
Section I.U of the Tick Size Pilot at 80 FR 27547.
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    The Pilot Securities will be divided into one control group and
three test groups. There will be 400 Pilot Securities per test group
and the remaining Pilot Securities will be assigned to the control
group. Test Group One Pilot Securities will quote in $0.05 per share
increments and will trade at any currently permitted increment. Test
Group Two Pilot Securities will quote in $0.05 per share increments
like those in Test Group One, but will only be permitted to trade in
$0.05 per share increments, subject to certain exceptions.\4\ Finally,
Test Group

Three Pilot Securities will quote in $0.05 per share increments and
will trade in $0.05 per share increments consistent with Test Group
Two, and in addition be subject to a Trade-At Prohibition, which would
generally prevent price matching by a trading center that is not
displaying a quotation at the price of the best protected quotation,
unless an exception applies. Pilot Securities in the control group
would continue to quote and trade in the pricing increments that are
currently permitted.
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    \4\ First, executions will be able to at the midpoint between
the national (or protected) best bid and the national (or protected)
best offer; second, orders involving retail investor orders will be
able to trade with price improvement of at least $0.005 per share;
and third, negotiated trades (such as a volume-weighted average
price trade or a time-weighted average price trade) will be able to
trade outside of the $0.05 increment.
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    Pursuant to the Tick Size Pilot, Participants will collect data
reflecting a variety of market quality metrics with respect to the
Pilot Securities and transmit such data to the Commission. The
collected data will be publicly available in an aggregated form. In
addition, the Participants are required to conduct, and provide the
Commission with, a publicly-available impact assessment.

III. Discussion

    As discussed in the Approval Order,\5\ several actions need to
occur prior to the implementation of the Tick Size Pilot, including:
(1) The development and testing of applicable trading and compliance
systems, (2) the filing and approval of SRO rules related to the Tick
Size Pilot's quoting and trading requirements, and (3) the development
and implementation of the written policies and procedures by
Participants and their members that are reasonably designed to comply
with the applicable quoting and trading increments. In addition, the
Participants must develop appropriate policies and procedures for
collecting and reporting to the Commission the requisite data in
connection with the Tick Size Pilot, including the filing and approval
of SRO rules requiring the collection and reporting of data from
certain member firms. Data is to be collected by the Participants for
periods beginning six months prior to the Pilot Period.\6\ To date, the
requisite SRO rule proposals have not been filed or approved by the
Commission, and there has not been an opportunity for the Participants
and their members to develop and test applicable trading and compliance
systems.\7\
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    \5\ 80 FR at 27545.
    \6\ See Sections IV and VII of the Tick Size Pilot at 80 FR at
27548 and 27552-53.
    \7\ The Commission notes that the Participants anticipate filing
model data collection rule proposals with the Commission no later
than November 13, 2015. See Letter from Brendon J. Weiss, Co-Head,
Government Affairs, Intercontinental Exchange/NYSE, to Brent J.
Fields, Secretary, Commission, dated November 4, 2015. In addition,
the Commission notes that the Participants issued technical
specifications and FAQs related to the data collection requirements
on October 12, 2015.
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    Accordingly, the Commission believes additional time is needed for
the Participants and their members to complete their preparations for
implementation of the Tick Size Pilot. The Commission believes that
extending the implementation date by approximately five months, to
October 3, 2016, is sufficient to allow for a smooth yet timely
implementation of the Tick Size Pilot, including the approval of
applicable SRO rules and the development and testing of new compliance
systems.\8\
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    \8\ The Commission has received requests to extend the
implementation date of the Tick Size Pilot or its data collection
requirements for various periods. See Letter from Theodore R. Lazo,
Managing Director and Associate General Counsel, SIFMA, to Stephen
Luparello, Director, Division of Trading and Markets, Commission,
dated August 31, 2015 (requesting the data collection period be
extended until at least three months after the requisite SRO rules
are approved by the Commission and related interpretive guidance is
published); Letter from Mary Lou Von Kaenel, Managing Director,
Financial Information Forum, to Stephen Luparello, Director,
Division of Trading and Markets, Commission, dated September 24,
2015 (requesting the data collection period be extended a minimum of
six months); and Letter from Brendon J. Weiss, Co-Head, Government
Affairs, Intercontinental Exchange/NYSE, to Brent J. Fields,
Secretary, Commission, dated November 4, 2015 (requesting the data
collection period be extended until six months after the requisite
SRO rules are approved, and the implementation data of the Tick Size
Pilot until six months thereafter).
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    Therefore, the Commission believes that it is necessary and
appropriate to issue an exemption to extend the date by which the
Participants must implement the Tick Size Pilot until October 3, 2016.
The Commission has determined that such an exemption is consistent with
the public interest, the protection of investors, the maintenance of
fair and orderly markets and the removal of impediments to, and
perfection of the mechanisms of, a national market system.

IV. Conclusion

    It is hereby ordered, pursuant to Rule 608(e) of Exchange Act,\9\
that the Participants are exempt from implementing the Tick Size Pilot
until October 3, 2016.
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    \9\ 17 CFR 242.608(e).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(42).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-28795 Filed 11-12-15; 8:45 am]
 BILLING CODE 8011-01-P


NOTICE OF APPROVAL OF IATA AGREEMENT(S)

This serves as official notice of the Department’s approval and grant of antitrust immunity to the Docketed IATA agreement(s) listed below during the weekly period ending February 18, 2005.  Approval of any individual IATA agreement is subject, where applicable, to any conditions previously imposed by the Department.

DOCKET NUMBER	DATE FILED		DATE APPROVED

	OST-05-20362	02/08/05	02/16/05

							* U.S. and Foreign Agreement

Action taken by:

Paul L. Gretch

Director, Office of International Aviation

by authority assigned under 14 CFR 385

An electronic version of this document is available

on the World Wide Web at

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54285-54286]
[FR Doc No: 2011-22248]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Commercial
Space Transportation Reusable Launch Vehicle and Reentry Licensing

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on June 21, 2011, Vol. 76, No. 119, page 36168. The
information is used to determine if applicants satisfy requirements for
obtaining a launch license to protect the public from risks associated
with reentry operations from a site not operated by or situated on a
Federal launch range.

DATES: Written comments should be submitted by September 30, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0643.
    Title: Commercial Space Transportation Reusable Launch Vehicle and
Reentry Licensing Regulation.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The data is necessary for a U.S. citizen to apply for
and obtain a reusable launch vehicle (RLV) mission license or a reentry
license for activities by commercial or non-federal entities (that are
not done by or for the U.S. Government) as defined and required by 49
U.S.C., Subtitle IX, Chapter 701, formerly known as the Commercial
Space Launch Act of 1984, as amended. The information is needed to
demonstrate to the FAA Office of Commercial Space Transportation (FAA/
AST) that the proposed activity meets applicable public safety,
national security, and foreign policy interests of the United States.
    Respondents: Approximately 6 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 5,000 hours.
    Estimated Total Annual Burden: 30,000 hours.
ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity

of the information collection; and (d) ways that the burden could be
minimized without reducing the quality of the collected information.
The agency will summarize and/or include your comments in the request
for OMB's clearance of this information collection.

    Issued in Washington, DC, on August 22, 2011.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2011-22248 Filed 8-30-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Rules and Regulations]
[Pages 10703-10707]
[FR Doc No: 2017-03121]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 230, 240, and 260

[Release Nos. 33-10305; 34-80023; 39-2515; File No. S7-26-11]
RIN 3235-AL17

Exemptions for Security-Based Swaps

AGENCY: Securities and Exchange Commission.

ACTION: Interim final rule.

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SUMMARY: We are adopting amendments to the expiration dates in our
interim final rules that provide exemptions under the Securities Act of
1933, the Securities Exchange Act of 1934, and the Trust Indenture Act
of 1939 for those security-based swaps that prior to July 16, 2011 were
security-based swap agreements and are defined as ``securities'' under
the Securities Act and the Exchange Act as of July 16, 2011 due solely
to the provisions of Title VII of the Dodd-Frank Wall Street Reform and
Consumer Protection Act. Under the amendments, the expiration dates in
the interim final rules will be February 11, 2018.

DATES: The amendments are effective February 15, 2017. See Section I of
the SUPPLEMENTARY INFORMATION concerning amendment of expiration dates
in the interim final rules.

FOR FURTHER INFORMATION CONTACT: Andrew Schoeffler, Special Counsel,
Office of Capital Markets Trends, Division of Corporation Finance, at
(202) 551-3860, U.S. Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-3628.

SUPPLEMENTARY INFORMATION: We are adopting amendments to the following
rules: Interim final Rule 240 under the Securities Act of 1933
(``Securities Act''),\1\ interim final Rules 12a-11 and 12h-1(i) under
the Securities Exchange Act of 1934 (``Exchange Act''),\2\ and interim
final Rule 4d-12 under the Trust Indenture Act of 1939 (``Trust
Indenture Act'').\3\
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    \1\ 15 U.S.C. 77a et seq.
    \2\ 15 U.S.C. 78a et seq.
    \3\ 15 U.S.C. 77aaa et seq.
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I. Amendment of Expiration Dates in the Interim Final Rules

A. Background Regarding the Interim Final Rules

    In July 2011, we adopted interim final Rule 240 under the
Securities Act, interim final Rules 12a-11 and 12h-1(i) under the
Exchange Act, and interim final Rule 4d-12 under the Trust Indenture
Act (collectively, the ``interim final rules'').\4\ The interim final
rules provide exemptions under the Securities Act, the Exchange Act,
and the Trust Indenture Act for those security-based swaps that prior
to July 16, 2011 (``Title VII effective date'') were ``security-based
swap agreements'' and are defined as ``securities'' under the
Securities Act and the Exchange Act as of the Title VII effective date
due solely to the provisions of Title VII of the Dodd-Frank Act.\5\ The
interim final rules exempt offers and sales of security-based swap
agreements that became security-based swaps on the Title VII effective
date from all provisions of the Securities Act, other than the Section
17(a) anti-fraud provisions, as well as from the Exchange Act
registration requirements and from the provisions of the Trust
Indenture Act,\6\ provided certain conditions are met.\7\ We have
adopted amendments to the interim final rules to extend the expiration
dates in the interim final rules, first from February 11, 2013 to
February 11, 2014,\8\ and then from February 11, 2014 to February 11,
2017.\9\
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    \4\ See 17 CFR 230.240, 17 CFR 240.12a-11, 17 CFR 240.12h-1, and
17 CFR 260.4d-12. See also Exemptions for Security-Based Swaps,
Release No. 33-9231 (Jul. 1, 2011), 76 FR 40605 (Jul. 11, 2011)
(``Interim Final Rules Adopting Release'').
    \5\ The Dodd-Frank Wall Street Reform and Consumer Protection
Act, Public Law 111-203, 124 Stat. 1376 (2010). The provisions of
Title VII generally were effective on July 16, 2011 (360 days after
enactment of the Dodd-Frank Act), unless a provision requires a
rulemaking. If a Title VII provision requires a rulemaking, it will
go into effect ``not less than'' 60 days after publication of the
related final rule or on July 16, 2011, whichever is later. See
Section 774 of the Dodd-Frank Act.
    \6\ The category of security-based swaps covered by the interim
final rules involves those that would have been defined as
``security-based swap agreements'' prior to the enactment of Title
VII. That definition of ``security-based swap agreement'' does not
include security-based swaps that are based on or reference only
loans and indexes only of loans. The Division of Corporation Finance
issued a no-action letter that addressed the availability of the
interim final rules to offers and sales of security-based swaps that
are based on or reference only loans or indexes only of loans. See
Cleary Gottlieb Steen & Hamilton LLP (Jul. 15, 2011). The Cleary
Gottlieb No-Action Letter will remain in effect for so long as the
interim final rules remain in effect.
    \7\ The security-based swap that is exempt must be a security-
based swap agreement (as defined prior to the Title VII effective
date) and entered into between eligible contract participants (as
defined prior to the Title VII effective date). See Rule 240 under
the Securities Act [17 CFR 230.240]. See also Interim Final Rules
Adopting Release.
    \8\ See Extension of Exemptions for Security-Based Swaps,
Release No. 33-9383 (Jan. 29, 2013), 78 FR 7654 (Feb. 4, 2013).
    \9\ See Extension of Exemptions for Security-Based Swaps,
Release No. 33-9545 (Feb. 5, 2014), 79 FR 7570 (Feb. 10, 2014)
(``Extension Adopting Release'').
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    Title VII amended the Securities Act and the Exchange Act to
include ``security-based swaps'' in the definition of ``security'' for
purposes of those statutes.\10\ As a result, ``security-based swaps''
became subject to the provisions of the Securities Act and the Exchange
Act and the rules and regulations thereunder applicable to
``securities.'' \11\

The interim final rules were intended to allow security-based swap
agreements that became security-based swaps on the Title VII effective
date to continue to trade as they did prior to the enactment of Title
VII.\12\ We adopted the interim final rules because, among other
things, we were concerned about disrupting the operation of the
security-based swaps market while we evaluated the implications for
security-based swaps under the Securities Act and the Exchange Act as a
result of the inclusion of the term ``security-based swap'' in the
definition of ``security'' for purposes of those statutes.\13\
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    \10\ See Sections 761(a)(2) and 768(a)(1) of the Dodd-Frank Act
(amending Section 3(a)(10) of the Exchange Act [15 U.S.C.
78c(a)(10)] and Section 2(a)(1) of the Securities Act [15 U.S.C.
77b(a)(1)], respectively).
    \11\ The Securities Act requires that any offer and sale of a
security must be either registered under the Securities Act or made
pursuant to an exemption from registration. See Section 5 of the
Securities Act [15 U.S.C. 77e]. In addition, certain provisions of
the Exchange Act relating to the registration of classes of
securities and the indenture qualification provisions of the Trust
Indenture Act of 1939 (``Trust Indenture Act'') [15 U.S.C. 77aaa et
seq.] also potentially could apply to security-based swaps. The
provisions of Section 12 of the Exchange Act could, without an
exemption, require that security-based swaps be registered before a
transaction could be effected on a national securities exchange. See
Section 12(a) of the Exchange Act [15 U.S.C. 78l(a)]. In addition,
registration of a class of security-based swaps under Section 12(g)
of the Exchange Act could be required if the security-based swap is
considered an equity security and held of record by either 2000
persons or 500 persons who are not accredited investors at the end
of a fiscal year. See Section 12(g)(1)(A) of the Exchange Act [15
U.S.C. 78l(g)(1)(A)]. Further, without an exemption, the Trust
Indenture Act could require qualification of an indenture for
security-based swaps considered to be debt. See 15 U.S.C. 77aaa et
seq.
    \12\ See Interim Final Rules Adopting Release.
    \13\ Id. Prior to the Title VII effective date, security-based
swap agreements that became security-based swaps on the Title VII
effective date were outside the scope of the federal securities
laws, other than the anti-fraud and certain other provisions. See
Section 2A of the Securities Act [15 U.S.C. 77b(b)-1)] and Section
3A of the Exchange Act [15 U.S.C. 78c-1], each as in effect prior to
the Title VII effective date.
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    At the time of adoption of the interim final rules in July 2011, we
requested comment on various aspects of the interim final rules.\14\ In
response to the request for comment, commenters expressed concerns
regarding the availability of exemptions from the registration
requirements of the Securities Act, including the exemption in Section
4(a)(2), for security-based swap transactions entered into solely
between eligible contract participants (``ECPs'') due to the operation
of certain trading platforms and the publication or distribution of
other information regarding security-based swaps.\15\ Commenters
indicated that the publication or distribution of certain
communications involving security-based swaps on an unrestricted basis
could be viewed as offers of those security-based swaps within the
meaning of Section 2(a)(3) of the Securities Act,\16\ and such
communications would require compliance with the registration
provisions of Section 5 of the Securities Act unless there is an
available exemption from such registration requirements.\17\ Further,
such communications may be considered offers to persons who are not
ECPs, even if such persons are not permitted to purchase the security-
based swaps.\18\ Under Section 5(e) of the Securities Act, it is
unlawful to make offers or sales of security-based swaps to persons who
are not ECPs unless the security-based swaps are registered under the
Securities Act.\19\ Commenters indicated that if there is no Securities
Act exemption available with respect to a security-based swap
transaction, the required registration of such transactions could
negatively impact the security-based swaps market.\20\
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    \14\ See Interim Final Rules Adopting Release. The Commission
also requested comment on certain of these matters in an earlier
proposing release regarding exemptions for security-based swap
transactions involving an eligible clearing agency. See Exemptions
For Security-Based Swaps Issued By Certain Clearing Agencies,
Release No. 33-9222 (Jun. 9, 2011), 76 FR 34920 (Jun. 15, 2011).
    \15\ See Extension Adopting Release.
    \16\ See 15 U.S.C. 77b(a)(3).
    \17\ See Extension Adopting Release.
    \18\ Id.
    \19\ See Section 5(e) of the Securities Act [15 U.S.C. 77e(e)])
(Notwithstanding the provisions of section 3 or 4, unless a
registration statement meeting the requirements of section 10(a) is
in effect as to a security-based swap, it shall be unlawful for any
person, directly or indirectly, to make use of any means or
instruments of transportation or communication in interstate
commerce or of the mails to offer to sell, offer to buy or purchase
or sell a security-based swap to any person who is not an eligible
contract participant).
    \20\ See Extension Adopting Release.
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    As noted above, we twice have extended the expiration dates in the
interim final rules.\21\ These extensions have enabled us to continue
our evaluation of the implications for security-based swaps as
securities and determine whether other regulatory action is
appropriate. We indicated when we extended the expiration dates that we
were carefully considering the comments we had received on the interim
final rules as part of our evaluation of the implications for security-
based swaps resulting from the inclusion of the term ``security-based
swap'' in the definition of ``security'' under the Securities Act and
the Exchange Act.\22\ We continue to consider those comments as we
evaluate whether other regulatory action is appropriate, including the
proposal discussed in the next section.
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    \21\ See footnotes 8 and 9 above and accompanying text.
    \22\ See Extension Adopting Release.
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B. SBS Communications Proposal

    Subsequent to the most recent extension of the expiration dates in
the interim final rules, we proposed a rule under the Securities Act to
provide that certain communications involving security-based swaps that
may be purchased only by ECPs would not be deemed for purposes of
Section 5 of the Securities Act to constitute offers of the security-
based swaps that are the subject of such communications or any
guarantees of such security-based swaps that are securities (``SBS
Communications Proposal'').\23\ The SBS Communications Proposal would
cover the dissemination of price quotes that relate to security-based
swaps that may be purchased only by ECPs and are traded or processed on
or through certain trading platforms. The SBS Communications Proposal
would enable price quotes relating to security-based swaps to be
disseminated on an unrestricted basis without concern that such
dissemination could jeopardize the availability of exemptions from the
registration requirements of the Securities Act for transactions
involving the security-based swaps that are the subject of such
communications. The Commission requested comment on all aspects of the
SBS Communications Proposal, including whether it should cover types of
communications other than price quotes, such as communications
characterized as research that relate to or discuss security-based
swaps.\24\ The Commission is evaluating the comments received and has
not yet taken final action as to the SBS Communications Proposal.
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    \23\ See Treatment of Certain Communications Involving Security-
Based Swaps That May Be Purchased Only By Eligible Contract
Participants, Release No. 33-9643 (Sep. 8, 2014), 79 FR 54224 (Sep.
11, 2014) (``SBS Communications Proposing Release'').
    \24\ Id. The SBS Communications Proposing Release discussed the
types of communications covered and not covered by the proposal and
included an extensive request for comment about communications
characterized as research that relate to security-based swaps.
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C. Extension of the Interim Final Rules

    In this release, we are extending the expiration dates in the
interim final rules from February 11, 2017 to February 11, 2018. We
believe that the interim final rules are needed to avoid disruption in
the security-based swaps market while we continue to consider in a
thorough and deliberative manner whether other regulatory action is
appropriate. If the interim final rules expire on February 11, 2017,
market participants entering into security-based swap transactions will
have to consider whether they need to register the offer and sale of
the security-based swaps under the Securities Act. Market participants
also will have to consider whether they may be required to comply with
the registration provisions of the Exchange Act applicable to classes
of securities and the indenture provisions of the Trust Indenture Act.
We believe that requiring compliance with these provisions while we
continue to evaluate the implications for security-based swaps as
securities and determine whether other regulatory action, including the
SBS Communications Proposal, is appropriate could have an impact on the
operation of the security-based swaps market. Thus, the interim

final rules are needed to allow market participants that meet the
conditions of the interim final rules to continue to enter into
security-based swap transactions without concern that such activities
may not comply with the applicable provisions of the Securities Act,
the Exchange Act, and the Trust Indenture Act.
    Based on the foregoing, we believe that it is necessary and
appropriate in the public interest and consistent with the protection
of investors to continue providing the exemptions from all provisions
of the Securities Act (other than the Section 17(a) antifraud
provisions), the registration requirements of the Exchange Act relating
to classes of securities, and the indenture provisions of the Trust
Indenture Act for those security-based swaps that prior to the Title
VII effective date were security-based swap agreements, provided
certain conditions are met. Accordingly, due to the interrelationship
between the interim final rules and our continuing evaluation of
further appropriate regulatory action, we have determined that it is
necessary and appropriate to extend the expiration dates in the interim
final rules from February 11, 2017 to February 11, 2018.\25\ If we
adopt further rules relating to issues raised in the SBS Communications
Proposing Release about the application of the Securities Act or the
other federal securities laws to security-based swaps before February
11, 2018, we may determine to alter the expiration dates in the interim
final rules as part of that rulemaking. We only are extending the
expiration dates in the interim final rules; we are not making any
other changes to the interim final rules.
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    \25\ In conjunction with the extension of the expiration dates
in the interim final rules, we also extended certain of the
temporary relief we adopted in July 2011 that provided exemptions
from compliance with certain provisions of the Exchange Act to
February 5, 2018. This relief was set to expire on February 5, 2017
and exempts security-based swap activities from the application of
the Exchange Act other than certain antifraud and anti-manipulation
provisions, all Exchange Act provisions related to security-based
swaps added or amended by Title VII of the Dodd-Frank Act, including
the amended definition of ``security'' in Section 3(a)(10), and
certain other Exchange Act provisions. See Order Extending Certain
Temporary Exemptions under the Securities Exchange Act of 1934 in
Connection with the Revision of the Definition of ``Security'' to
Encompass Security-Based Swaps and Request for Comment, Release No.
34-79833 (Jan. 18, 2017), 82 FR 8467 (Jan. 25, 2017). See also Order
Granting Temporary Exemptions under the Securities Exchange Act of
1934 in Connection with the Pending Revisions of the Definition of
``Security'' to Encompass Security-Based Swaps, Release No. 34-64795
(Jul. 1, 2011), 76 FR 39927 (Jul. 7, 2011).
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II. Certain Administrative Law Matters

    Section 553(b) of the Administrative Procedure Act \26\ generally
requires an agency to publish notice of a proposed rulemaking in the
Federal Register. This requirement does not apply, however, if the
agency ``for good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest.'' \27\ Further, the Administrative Procedure Act
also generally requires that an agency publish an adopted rule in the
Federal Register 30 days before it becomes effective.\28\ This
requirement does not apply, however, if the agency finds good cause for
making the rule effective sooner.\29\ We, for good cause, find that
notice and solicitation of comment before adopting the amendments to
the interim final rules is impracticable, unnecessary, or contrary to
the public interest. We also find good cause not to delay the effective
date of the amendments to the interim final rules.
---------------------------------------------------------------------------

    \26\ 5 U.S.C. 553(b).
    \27\ Id.
    \28\ See 5 U.S.C. 553(d).
    \29\ Id.
---------------------------------------------------------------------------

    For the reasons we discuss throughout this release, we believe that
we have good cause to act immediately to adopt the amendments to the
interim final rules to extend the expiration dates in the interim final
rules. The extension of the expiration dates in the interim final rules
is intended to minimize disruptions and costs to the security-based
swaps market that could occur if the interim final rules expire. The
interim final rules are needed to allow market participants that meet
the conditions of the interim final rules to continue to enter into
security-based swap transactions without concern that such activities
will be subject to the registration requirements of the Securities Act
and the Exchange Act and the indenture qualification provisions of the
Trust Indenture Act while we continue to evaluate the implications for
security-based swaps as securities and determine whether other
regulatory action, including the SBS Communications Proposal, is
appropriate.
    Absent an extension, the interim final rules will expire on
February 11, 2017. The interim final rules have been in place since
July 2011 and market participants have relied on them to enter into
security-based swap transactions. Extending the expiration dates in the
interim final rules will not affect the substantive provisions of the
interim final rules and will allow market participants that meet the
conditions of the interim final rules to continue to enter into
security-based swap transactions without concern that such activities
will be subject to the registration requirements of the Securities Act
and the Exchange Act and the indenture qualification provisions of the
Trust Indenture Act while we continue to evaluate the implications for
security-based swaps as securities and determine whether other
regulatory action, including the SBS Communications Proposal, is
appropriate. Based on the foregoing and for the reasons we discuss
throughout this release, we find that there is good cause to have the
amendments to the interim final rules effective upon publication in the
Federal Register and that notice and solicitation of comment in advance
of the effectiveness of the amendments to the interim final rules is
impracticable, unnecessary or contrary to the public interest.\30\
---------------------------------------------------------------------------

    \30\ This finding also satisfies the requirements of 5 U.S.C.
808(2), allowing the rule amendment to become effective
notwithstanding the requirement of 5 U.S.C. 801 (if a federal agency
finds that notice and public comment are ``impractical, unnecessary
or contrary to the public interest,'' a rule ``shall take effect at
such time as the federal agency promulgating the rule determines'').
---------------------------------------------------------------------------

III. Economic Analysis

    We are mindful of the costs imposed by, and the benefits to be
obtained from, our rules. Section 2(b) of the Securities Act and
Section 3(f) of the Exchange Act require the Commission, whenever it
engages in rulemaking and is required to consider or determine whether
an action is necessary or appropriate in the public interest, to
consider, in addition to the protection of investors, whether the
action would promote efficiency, competition, and capital
formation.\31\ In addition, Section 23(a)(2) of the Exchange Act
requires the Commission, when making rules under the Exchange Act, to
consider the impact such rules would have on competition.\32\ Section
23(a)(2) of the Exchange Act prohibits the Commission from adopting any
rule that would impose a burden on competition not necessary or
appropriate in furtherance of the purposes of the Exchange Act.\33\
---------------------------------------------------------------------------

    \31\ See 15 U.S.C. 77b(b) and 15 U.S.C. 78c(f).
    \32\ See 15 U.S.C. 78w(a)(2).
    \33\ Id.
---------------------------------------------------------------------------

    As discussed above, we are adopting amendments to the interim final
rules to extend the expiration dates in the interim final rules to
February 11, 2018. Extending the expiration dates in the interim final
rules is intended to minimize disruptions and costs to the security-
based swaps market that could

occur on the current expiration date of the interim final rules. The
interim final rules are needed to allow market participants that meet
the conditions of the interim final rules to continue to enter into
security-based swap transactions without concern that such activities
will be subject to the registration requirements of the Securities Act
and the Exchange Act and the indenture qualification provisions of the
Trust Indenture Act.
    The interim final rules currently in effect serve as the economic
baseline against which the costs and benefits, as well as the impact on
efficiency, competition, and capital formation, of the amendments are
measured. Because the extension of the expiration dates in the interim
final rules maintains the status quo, we do not expect additional
significant costs or benefits to result from the extension. We also do
not expect the extension to have additional significant effects on
efficiency, competition, or capital formation. The interim final rules
will continue to exempt certain security-based swaps from all
provisions of the Securities Act, other than the Section 17(a)
antifraud provisions,\34\ as well as exempt these security-based swaps
from Exchange Act registration requirements, and from the provisions of
the Trust Indenture Act, provided certain conditions are met.
---------------------------------------------------------------------------

    \34\ See 15 U.S.C. 77q(a).
---------------------------------------------------------------------------

    In the alternative, we could allow the interim final rules to
expire by not extending their expiration date. In this scenario, market
participants who continue to effect security-based swap transactions
would have to determine whether another exemption from the registration
requirements of the Securities Act is available so that they may be
able to rely on that exemption. If no Securities Act exemptions are
available for a security-based swap transaction following the
expiration of the interim final rules, such a transaction would have to
be registered under the Securities Act. The counterparties to such a
transaction also would have to consider whether they need to comply
with the registration requirements of the Exchange Act and the
indenture provisions of the Trust Indenture Act. We believe that
requiring compliance with these provisions at this time for security-
based swap transactions between ECPs likely would disrupt and impose
new costs on this segment of the security-based swaps market. For
example, if market participants are required to register the offer and
sale of these security-based swaps under the Securities Act, they would
have to incur the additional costs of such registration, including
legal and accounting costs, as well as the costs associated with
preparing the disclosure documents describing these security-based
swaps. Market participants also may incur costs associated with the
registration of these security-based swaps under the Exchange Act and
compliance with the Trust Indenture Act, including preparing indentures
and arranging for the services of a trustee.
    It is also possible that if we were to allow the interim final
rules to expire, efficiency and capital formation may be impaired.
Failing to extend the expiration dates in the interim final rules may
result in disruptions and costs to the security-based swaps market that
could impede efficiency. Additionally, some market participants may not
continue to participate in certain security-based swap transactions if
compliance with these provisions were infeasible (economically or
otherwise). In that case, capital formation may be impaired to the
extent that some market participants use these security-based swap
transactions to hedge risks, including those related to the issuance of
the referenced securities (as may occur with equity swaps and the
issuance of convertible bonds). For example, if registration of these
transactions is required under our existing Securities Act registration
scheme, issuers of security-based swaps may be forced to provide
disclosure about their security-based swap positions that might not
otherwise be disclosed to the market. This position disclosure could
lead to a decreased use of security-based swaps by these market
participants, which could potentially impair capital formation to the
extent counterparties might use security-based swaps for hedging their
exposure to issuers of referenced securities. Such a decrease in the
use of security-based swaps also could lead to reduced liquidity of the
underlying securities, which could raise the costs of capital for
issuers of those securities.
    We also recognize that there may be certain benefits associated
with letting the interim final rules expire. Without the exemptions
provided for in the interim final rules, a market participant may have
to file a registration statement covering the offer and sale of the
security-based swaps, may have to register the class of security-based
swaps that it has issued under the Exchange Act, and may have to
satisfy the applicable provisions of the Trust Indenture Act, which
would provide investors with additional information and in certain
cases civil remedies. For example, a registration statement covering
the offer and sale of the security-based swaps may provide certain
information about the market participants, the security-based swap
contract terms, and the identification of the particular reference
securities, issuers, or loans underlying the security-based swap.
Additionally, although investors currently may pursue antifraud actions
in connection with the purchase and sale of security-based swaps under
Section 10(b) of the Exchange Act,\35\ if market participants were
required to file registration statements under the Securities Act,
investors may also be able to pursue civil remedies under Sections 11
or 12 of the Securities Act.\36\
---------------------------------------------------------------------------

    \35\ See 15 U.S.C. 78j(b).
    \36\ See 15 U.S.C. 77k-l. Regardless of the extension, however,
we can always pursue an antifraud action in the offer and sale of
security-based swaps under Section 17(a) of the Securities Act. See
15 U.S.C. 77q.
---------------------------------------------------------------------------

IV. Paperwork Reduction Act

    The interim final rules do not impose any new ``collections of
information'' within the meaning of the Paperwork Reduction Act of 1995
(``PRA''),\37\ nor do they create any new filing, reporting,
recordkeeping, or disclosure reporting requirements. Accordingly, we
did not submit the interim final rules to the Office of Management and
Budget for review in accordance with the PRA.\38\ We requested comment
on whether our conclusion that there are no collections of information
is correct, and we did not receive any comment.
---------------------------------------------------------------------------

    \37\ 44 U.S.C. 3501 et seq.
    \38\ 44 U.S.C. 3507(d) and 5 CFR 1320.11.
---------------------------------------------------------------------------

V. Regulatory Flexibility Act Certification

    We hereby certify pursuant to 5 U.S.C. 605(b) that extending the
expiration dates in the interim final rules will not have a significant
economic impact on a substantial number of small entities.\39\ The
interim final rules apply only to counterparties that may engage in
security-based swap transactions in reliance on the interim final rule
providing an exemption under the Securities Act. The interim final rule
under the Securities Act provides that the exemption is available only
to security-based swaps that are entered into between eligible contract
participants, as that term is defined in Section 1a(12) of the
Commodity Exchange Act as in effect prior to the Title VII effective
date, and other than with respect to persons determined by

the CFTC to be eligible contract participants pursuant to Section
1a(12)(C) of the Commodity Exchange Act. Based on our existing
information about the security-based swaps market, including our
existing information about participants in the security-based swaps
market, we believe that the interim final rules apply to few, if any,
small entities. For this reason, the extension of the expiration dates
in the interim final rules should not have a significant economic
impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \39\ We certified pursuant to 5 U.S.C. 605(b) that the interim
final rules will not have a significant economic impact on a
substantial number of small entities. See Interim Final Rules
Adopting Release. We received no comments on that certification.
---------------------------------------------------------------------------

VI. Statutory Authority and Text of the Rules and Amendments

    The amendments described in this release are being adopted under
the authority set forth in Sections 19 and 28 of the Securities Act,
Sections 12(h), 23(a) and 36 of the Exchange Act, and Section 304(d) of
the Trust Indenture Act.

List of Subjects in 17 CFR Parts 230, 240 and 260

    Reporting and recordkeeping requirements, Securities.

Text of the Rules and Amendments

    For the reasons set out in the preamble, the Commission amends 17
CFR parts 230, 240, and 260 as follows:

PART 230--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933

0
1. The authority citation for part 230 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 77b, 77b note, 77c, 77d, 77d note, 77f,
77g, 77h, 77j, 77r, 77s, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n,
78o, 78o-7 note, 78t, 78w, 78ll(d), 78mm, 80a-8, 80a-24, 80a-28,
80a-29, 80a-30, and 80a-37, and Pub. L. 112-106, sec. 201(a), sec.
401, 126 Stat. 313 (2012), unless otherwise noted.
* * * * *

Sec.  230.240  [Amended]

0
2. Section 230.240 is revised to read as follows:

Sec.  230.240  Exemption for certain security-based swaps.

    (a) Except as expressly provided in paragraph (b) of this section,
the Act does not apply to the offer or sale of any security-based swap
that is:
    (1) A security-based swap agreement, as defined in Section 2A of
the Act (15 U.S.C. 77b(b)-1) as in effect prior to July 16, 2011; and
    (2) Entered into between eligible contract participants (as defined
in Section 1a(12) of the Commodity Exchange Act (7 U.S.C. 1a(12)) as in
effect prior to July 16, 2011, other than a person who is an eligible
contract participant under Section 1a(12)(C) of the Commodity Exchange
Act as in effect prior to July 16, 2011).
    (b) The exemption provided in paragraph (a) of this section does
not apply to the provisions of Section 17(a) of the Act (15 U.S.C.
77q(a)).
    (c) This section will expire on February 11, 2018.

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
3. The authority citation for part 240 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20,
80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, 7201 et seq. and 8302;
7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C. 1350; Pub. L.
111-203, 939A, 124 Stat. 1376 (2010); and Pub. L. 112-106, sec. 503
and 602, 126 Stat. 326 (2012), unless otherwise noted.
* * * * *

Sec.  240.12a-11  [Amended]

0
4. Section 240.12a-11 is revised to read as follows:

Sec.  240.12a-11  Exemption of security-based swaps sold in reliance on
Securities Act of 1933 Rule 240 (Sec.  230.240) from section 12(a) of
the Act.

    (a) The provisions of Section 12(a) of the Act (15 U.S.C. 78l(a))
do not apply to any security-based swap offered and sold in reliance on
Sec.  230.240 of this chapter.
    (b) This section will expire on February 11, 2018.

Sec.  240.12h-1  [Amended]

0
5. In Sec.  240.12h-1, paragraph (i) is revised to read as follows:

Sec.  240.12h-1  Exemptions from registration under section 12(g) of
the Act.

* * * * *
    (i) Any security-based swap offered and sold in reliance on Sec.
230.240 of this chapter. This section will expire on February 11, 2018.

PART 260--GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF
1939

0
6. The authority citation for part 260 continues to read as follows:

    Authority: 15 U.S.C. 77c, 77ddd, 77eee, 77ggg, 77nnn, 77sss,
78ll(d), 80b-3, 80b-4, and 80b-11, unless otherwise noted.
* * * * *

Sec.  260.4d-12  [Amended]

0
7. Section 260.4d-12 is revised to read as follows:

Sec.  260.4d-12  Exemption for security-based swaps offered and sold in
reliance on Securities Act of 1933 Rule 240 (Sec.  230.240).

    Any security-based swap offered and sold in reliance on Sec.
230.240 of this chapter, whether or not issued under an indenture, is
exempt from the Act. This section will expire on February 11, 2018.

    By the Commission.

     Dated: February 10, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-03121 Filed 2-14-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Proposed Rules]
[Pages 14473-14474]
[FR Doc No: 2013-05203]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1334; Airspace Docket No. 12-ASO-18]

Proposed Establishment of Class E Airspace; Sanibel, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E Airspace at Sanibel,
FL, to accommodate a new Area Navigation (RNAV) Global Positioning
System (GPS) special Standard Instrument Approach Procedure (SIAP)
serving Sanibel Island Heliport. This action would enhance the safety
and airspace management of Instrument Flight Rules (IFR) operations
within the National Airspace System.

DATES: Comments must be received on or before April 22, 2013.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2012-1334; Airspace Docket No. 12-ASO-18, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2012-1334; Airspace Docket No. 12-ASO-18) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2012-1334; Airspace Docket No. 12-ASO-18.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 350, 1701 Columbia Avenue, College Park,
Georgia 30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace at Sanibel,
FL providing the controlled airspace required to support the new Copter
RNAV (GPS) special standard instrument approach procedures for Sanibel
Island Heliport. Controlled airspace extending upward from 700 feet
above the surface is required for IFR operations within a 6-mile radius
of the point in space coordinates of the heliport.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part, A, Subpart I, Section 40103. Under
that section, the FAA is charged with prescribing regulations to assign
the use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would establish Class E airspace at Sanibel
Island Heliport, Sanibel, FL.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND CLASS E AIRSPACE
AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASO FL E5 Sanibel, FL [New]

Sanibel Island Heliport, FL
    (Lat. 26[deg]27'46'' N., long. 82[deg]9'18'' W.)
Point in Space Coordinates
    (Lat. 26[deg]27'46'' N., long. 82[deg]9'18'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of the Point in Space Coordinates (lat.
26[deg]27'46'' N., long. 82[deg]9'18'' W.) serving Sanibel Island
Heliport.

    Issued in College Park, Georgia, on February 15, 2013.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-05203 Filed 3-5-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Page 9611]
[FR Doc No: 2022-03691]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-9120-000]

Milligan, James H.; Notice of Filing

    Take notice that on February 11, 2022, James H. Milligan submitted
for filing, application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d (b)
and Part 45.8 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR part 45.8.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    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://www.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 the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on March 4, 2022.

    Dated: February 15, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-03691 Filed 2-18-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Page 30123]
[FR Doc No: 2023-09975]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1772-000]

Fox Squirrel Solar LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Fox Squirrel Solar LLC' s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 22, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    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://www.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 the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 2, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-09975 Filed 5-9-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76060-76061]
[FR Doc No: 2012-30877]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4092-DR; Docket ID FEMA-2012-0002]

Virginia; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Virginia (FEMA-4092-DR), dated
November 26, 2012, and related determinations.

DATES: Effective Date: November 26, 2012.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated November 26, 2012, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Virginia resulting from Hurricane Sandy during the
period of October 26 to November 8, 2012, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the Commonwealth of Virginia.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
Direct Federal assistance is authorized. Consistent with the
requirement that Federal assistance is supplemental, any Federal
funds provided under the Stafford Act for Public Assistance and
Hazard Mitigation will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Donald L. Keldsen, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
The following areas of the Commonwealth of Virginia have been
designated as adversely affected by this major disaster:

    The counties of Accomack, Arlington, Clarke, Craig, Culpeper,
Essex, Fauquier, Frederick, Greene, Highland, King and Queen,
Lancaster, Loudoun, Madison, Mathews, Middlesex, Nelson,
Northampton, Northumberland, Prince William, Rappahannock,
Shenandoah, Surry, Warren, and Westmoreland and the independent
cities of Fairfax, Falls Church, and Manassas for Public Assistance.
Direct federal assistance is authorized.
    All counties and independent cities within the Commonwealth of
Virginia are eligible to apply for assistance under the Hazard
Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-30877 Filed 12-21-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Notices]
[Pages 1528-1531]
[FR Doc No: 2019-00865]

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DEPARTMENT OF TRANSPORTATION

Notice of Final Federal Agency Actions on Proposed Highway
Projects in Texas

AGENCY: Texas Department of Transportation (TxDOT), Federal Highway
Administration (FHWA), U.S. Department of Transportation.

ACTION: Notice of limitation on claims for judicial review of actions
by TxDOT and Federal agencies.

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SUMMARY: This notice announces actions taken by TxDOT and Federal
agencies that are final. The environmental review, consultation, and
other actions required by applicable Federal environmental laws for
these projects

are being, or have been, carried-out by TxDOT pursuant to a Memorandum
of Understanding dated December 16, 2014, and executed by FHWA and
TxDOT. The actions relate to various proposed highway projects in the
State of Texas. These actions grant licenses, permits, and approvals
for the projects.

DATES: By this notice, TxDOT is advising the public of final agency
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review
of TxDOT and Federal agency actions on the highway project will be
barred unless the claim is filed on or July 11, 2019. If the Federal
law that authorizes judicial review of a claim provides a time period
of less than 150 days for filing such a claim, then that shorter time
period still applies.

FOR FURTHER INFORMATION CONTACT: Carlos Swonke, Environmental Affairs
Division, Texas Department of Transportation, 125 East 11th Street,
Austin, Texas 78701; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and
Federal agencies have taken final agency actions by issuing licenses,
permits, and approvals for the highway projects in the State of Texas
that are listed below.
    The actions by TxDOT and Federal agencies and the laws under which
such actions were taken are described in the Categorical Exclusion
(CE), Environmental Assessment (EA), or Environmental Impact Statement
(EIS) issued in connection with the projects and in other key project
documents. The CE, EA, or EIS and other key documents for the listed
projects are available by contacting TxDOT at the address provided
above.
    This notice applies to all TxDOT and Federal agency decisions as of
the issuance date of this notice and all laws under which such actions
were taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C.
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Land: Section 4(f) of the Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers),
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended [54 U.S.C. 300101 et
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C.
470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C.
312501 et seq.]; Native American Grave Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C.
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C.
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Land and Water
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act
(SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33
U.S.C. 401-406; Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287;
Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; TEA-21 Wetlands
Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster
Protection Act, 42 U.S.C. 4001-4128.
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low Income
Populations; E.O. 11593 Protection and Enhancement of Cultural
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America;
E.O. 13175 Consultation and Coordination with Indian Tribal
Governments; E.O. 11514 Protection and Enhancement of Environmental
Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic
Assistance Program Number 20.205, Highway Planning and Construction.)
    The projects subject to this notice are:
    1. Bicentennial Boulevard Extension Project from SH 107 to Trenton
Road, Hidalgo County, Texas. The proposed project would extend
Bicentennial Boulevard from SH 107 to Trenton Road as a new location,
four-lane facility. The length of the proposed project is approximately
2.86 miles. The actions by TxDOT and Federal agencies and the laws
under which such actions were taken are described in the Final
Environmental Assessment approved on October 25, 2018, the Finding of
No Significant Impact was issued on December 19, 2018, and other
documents in the TxDOT project file. The EA and other documents in the
TxDOT project file are available by contacting TxDOT at the address
provided above or the TxDOT Pharr District Office at 600 W. US
Expressway 83, Pharr, Texas 78577; telephone<PHONE_NUMBER>.
    2. State Loop (SL) 336 South from Interstate Highway (IH) 45 to
Farm to Market Road (FM) 1314 in Montgomery County, Texas. The proposed
project would create a divided 4-lane facility by constructing a 2-lane
roadway to the south of existing SL 336. The new lanes would serve as
the east bound lanes, with the existing lanes being converted to serve
west bound traffic. The project length is approximately 2.5 miles. The
actions by TxDOT and Federal agencies and the laws under which such
actions were taken are described in the Categorical Exclusion
Determination issued on September 28, 2018 and other documents in the
TxDOT project file. The Categorical Exclusion Determination and other
documents in the TxDOT project file are available by contacting TxDOT
at the address provided above or the TxDOT Houston District Office
located at 7600 Washington Avenue, Houston, Texas 77007; telephone
(713) 802-5076.
    3. Farm to Market Road (FM) 1488, Magnolia Relief Route, from
existing FM 1488 west of Magnolia to proposed State Highway (SH) 249
east of Magnolia in Montgomery County, Texas. The proposed action would
construct an east-west facility on new location to serve as a major
arterial for the distribution of traffic around the city of Magnolia.
This facility would consist of a four-lane divided facility. The
project length is approximately 5.4 miles. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Final Environmental Assessment (EA) approved on
October 23, 2018, the Finding of No Significant Impact (FONSI) issued
on October 25, 2018, and other documents in the TxDOT project file. The
EA, FONSI, and other documents in the TxDOT project file are available
by contacting TxDOT at the address provided above or the TxDOT Houston
District Office located at 7600 Washington Avenue, Houston, Texas
77007; telephone<PHONE_NUMBER>.
    4. I-35 from the Guadalupe River to FM 1103, Comal County, Texas.
The project includes operational improvements to the I-35 interchanges
with FM 1103/Hubertus Road, Schwab Road, Engel Road, Solms Road, Loop
337/Rueckle Road, Business 35/Schmidt Avenue, Walnut Avenue, and FM
725. Improvements would include intersection improvements, ramp
reconfigurations and the addition of auxiliary lanes along the I-35
mainlanes

and frontage road reconstruction. The project is approximately 9.25
miles in length. The actions by TxDOT and Federal agencies and the laws
under which such actions were taken are described in the Categorical
Exclusion Determination issued on November 20, 2018. The Categorical
Exclusion Determination and other documents in the TxDOT project file
are available by contacting TxDOT at the address provided above or the
TxDOT San Antonio District Office at 4615 NW Loop 410, San Antonio, TX
78229; telephone<PHONE_NUMBER>.
    5. State Loop 1604 from IH 10 East to FM 1346 (Houston Street),
Bexar County, Texas. The project would widen the existing 2-lane
undivided roadway to a 4-lane divided roadway. The project is
approximately 3.9 miles in length. The actions by TxDOT and Federal
agencies and the laws under which such actions were taken are described
in the Categorical Exclusion Determination issued on November 30, 2018,
and other documents in the TxDOT project file. The Categorical
Determination and other documents in the TxDOT project file are
available by contacting TxDOT at the address provided above or the
TxDOT San Antonio District Office at 4615 NW Loop 410, San Antonio, TX
78229; telephone<PHONE_NUMBER>.
    6. SH 46 from Farhills Drive to FM 3159, Comal County, Texas. The
project would widen the roadway from its existing two-lane highway to
two different configurations. The curbed with storm drain
configuration, constructed in the more developed areas, would consist
of six 11-foot travel lanes with a 16-foot raised median. The other
configuration, a curbed with grasslined open-ditch configuration, would
be constructed in less developed areas and would consist of six 11-foot
travel lanes with a 16-foot raised median. The project is approximately
6 miles in length. The actions by TxDOT and Federal agencies and the
laws under which such actions were taken are described in the Final
Environmental Assessment (EA) approved on October 26, 2018, Finding of
No Significant Impact (FONSI) issued on October 26, 2018, and other
documents in the TxDOT project file. The EA, FONSI and other documents
in the TxDOT project file are available by contacting TxDOT at the
address provided above or the TxDOT San Antonio District Office at 4615
NW Loop 410, San Antonio, TX 78229; telephone<PHONE_NUMBER>.
    7. US 290/SH 71 West from State Loop 1 (MoPac) to west of RM 1826
and US 290 to Silvermine Drive, Travis County, Texas. The project,
known as the Oak Hill Parkway (OHP) project, proposes improvements that
include direct connectors at the intersection of US 290 and SH 71,
controlled access along both highways in Oak Hill with frontage roads,
and an overpass for US 290 at William Cannon Drive. New construction on
roadway improvements would begin just east of Joe Tanner Lane where the
existing mainlanes transition to an urban highway. The mainlanes would
be elevated over William Cannon Drive, and the westbound mainlanes and
frontage road would be located north of Williamson Creek. The mainlanes
would be depressed under SH 71 and direct connectors would be provided,
connecting eastbound SH 71 with US 290, and westbound US 290 to SH 71.
Mainlanes would vary from four near William Cannon Drive to two near
the western project limit. Grade-separated intersections would be
constructed at Convict Hill Road, RM 1826, Scenic Brook Drive, and
Circle Drive (Southview Road). Along SH 71, the direct connector ramps
would extend past Scenic Brook Drive where the mainlanes would then
transition to a five-lane (three lanes northbound, two lanes
southbound) rural highway. The actions by TxDOT and Federal agencies
and the laws under which such actions were taken are described in the
Final Environmental Impact Statement (FEIS) approved on December 21,
2018 and Record of Decision (ROD) issued on December 21, 2018, and
other documents in the TxDOT project file. The FEIS, ROD and other
documents in the TxDOT project file are available by contacting TxDOT
at the address provided above or the TxDOT Austin District Office at
7901 North I-35, Austin, TX 78753; telephone<PHONE_NUMBER>. The EIS
and ROD can also be viewed and downloaded from the following website:
www.oakhillparkway.com.
    8. SH 78 at Gaston Avenue in Dallas County, Texas. The proposed
project would reconfigure the intersection of SH 78 (East Grand Avenue/
Garland Road) at Gaston Avenue in the City of Dallas, Dallas County,
Texas. The proposed facility would be reconfigured as a fully
signalized, reverse T-intersection with East Grand Avenue intersecting
Gaston Avenue and Garland Road. The length of the proposed project is
approximately 0.76 miles. The purpose of the proposed project is to
improve traffic operations and mobility, as well as to improve safety
and to provide improved bicycle and pedestrian accommodations. The
actions by TxDOT and Federal agencies and the laws under which such
actions were taken are described in the Final Categorical Exclusion
Determination issued on December 21, 2018, and other documents in the
TxDOT project file. The Categorical Exclusion Determination and other
documents in the TxDOT file are available by contacting TxDOT at the
address provided above or the TxDOT Dallas District Office at 4777 E.
Highway 80, Mesquite, TX 75150; telephone:<PHONE_NUMBER>.
    9. SH 158 at SH 137 in Glasscock County, Texas. The proposed
project would construct an overpass on SH 158 over SH 137. The purpose
of the project is to allow for traffic to move through the intersection
with less congestion. The actions by TxDOT and Federal agencies and the
laws under which such actions were taken are described in the
Categorical Exclusion Determination issued on September 4, 2018, and
other documents in the TxDOT project file. The Categorical Exclusion
Determination and other documents in the TxDOT project file are
available by contacting TxDOT at the address provided above or the
TxDOT San Angelo District Office at 4502 Knickerbocker Road, San
Angelo, Texas 76904; telephone<PHONE_NUMBER>.
    10. IH 10 from FM 3538 to FM 2761 in Colorado and Austin Counties,
Texas. The proposed project would add an additional main lane in each
direction along IH 10. The proposed project would also convert existing
two way frontage roads to one way frontage roads. The purpose of the
project is to improve mobility and increase safety along this section
of I-10. The actions by TxDOT and Federal agencies and the laws under
which such actions were taken are described in the Categorical
Exclusion Determination issued on November 8, 2018, and other documents
in the TxDOT project file. The Categorical Exclusion Determination and
other documents in the TxDOT project file are available by contacting
TxDOT at the address provided above or the TxDOT Yoakum District Office
at 403 Huck St., Yoakum, TX 77995; telephone<PHONE_NUMBER>.
    11. SL 121 from FM 439 to I-35 in Bell County, Texas. The proposed
project would widen SL 121 from 2 to 4 lane divided roadway with bike/
pedestrian improvements. The proposed project is needed to improve
traffic safety, alleviate congestion, improve access management, and to
provide pedestrian/bicycle accommodations. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Categorical Exclusion Determination

issued on December 12, 2018 and other documents in the TxDOT project
file. The Categorical Exclusion Determination and other documents in
the TxDOT project file are available by contacting TxDOT at the address
provided above or the TxDOT Waco District Office at 100 S Loop Dr.,
Waco, TX 76704; telephone<PHONE_NUMBER>.
    12. SH6/SL340 from US 84 to IH 35 in McLennan County, Texas. The
proposed project would construct continuous frontage roads and four
overpasses. The proposed project length is 2.68 miles. The actions by
TxDOT and Federal agencies and the laws under which such actions were
taken are described in the Categorical Exclusion Determination issued
December 14, 2018, and other documents in the TxDOT project file. The
Categorical Exclusion Determination and other documents in the TxDOT
project file are available by contacting TxDOT at the address provided
above or the TxDOT Waco District Office at 100 S Loop Dr., Waco, TX
76704; telephone<PHONE_NUMBER>.
    13. Loop 338 Overpass at East Yukon Rd, Ector County, Texas. The
proposed improvements would include the construction of an overpass on
SL 338 at the intersection of E. Yukon Rd. The project would be
approximately 2.0 miles in length. The project would help improve
mobility on Loop 338. The actions by TxDOT and Federal agencies and the
laws under which such actions were taken are described in the
Categorical Exclusion Determination issued on September 7, 2018, and
other documents in the TxDOT project file. The Categorical Exclusion
Determination and other documents in the TxDOT project file are
available by contacting TxDOT at the address provided above or the
TxDOT Odessa District Office at 3901 East Highway 80, Odessa, Texas
79761; telephone<PHONE_NUMBER>.
    14. Loop 250 at CR 1150 and CR 60, Midland County, Texas. The
proposed project consists of extending main lanes and constructing
access ramps and two overpasses between the existing frontage roads, on
SL 250 from 0.5 miles west of County Road (CR) 1150 to 0.5 miles east
of CR 60. The project would be approximately 1.0 mile in length. The
project would help improve mobility on Loop 250 at the intersections of
CR 1150 and CR 60. The actions by TxDOT and Federal agencies and the
laws under which such actions were taken are described in the
Categorical Exclusion Determination issued on September 19, 2018, and
other documents in the TxDOT project file. The Categorical Exclusion
Determination and other documents in the TxDOT project file are
available by contacting TxDOT at the address provided above or the
TxDOT Odessa District Office at 3901 East Highway 80, Odessa, Texas
79761,<PHONE_NUMBER>.

    Authority: 23 U.S.C. 139(l)(1).

    Issued on January 29, 2019.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2019-00865 Filed 2-1-19; 8:45 am]
 BILLING CODE 4910-22-P


[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Page 45457]
[FR Doc No: 2018-19412]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0791]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0018

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0018,
Official Logbook; without change. Our ICR describes the information we
seek to collect from the public. Before submitting this ICR to OIRA,
the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before November 6,
2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2108-0791] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2018-0791], and
must be received by November 6, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Official Logbook.
    OMB Control Number: 1625-0018.
    Summary: The Official Logbook contains information about the
voyage, the vessel's crew, drills, watches, and operations conducted
during the voyage. Official Logbook entries identify particulars of the
voyage, including the name of the ship, official number, port of
registry, tonnage, names and merchant mariner credential numbers of the
master and crew, the nature of the voyage, and class of ship. In
addition, it also contains entries for the vessel's drafts, maintenance
of watertight integrity of the ship, drills and inspections, crew list
and report of character, a summary of laws applicable to Official
Logbooks, and miscellaneous entries.
    Need: Title 46 U.S.C. 11301, 11302, 11303, and 11304 require
applicable merchant vessels to maintain an Official Logbook. The
Official Logbook contains information about the vessel, voyage, crew,
and watch. Lack of these particulars would make it difficult for a
seaman to verify vessel employment and wages, and for the Coast Guard
to verify compliance with laws and regulations concerning vessel
operations and safety procedures. The Official Logbook serves as an
official record of recordable events transpiring at sea such as births,
deaths, marriages, disciplinary actions, etc. Absent the Official
Logbook, there would be no official civil record of these events. The
courts accept log entries as proof that the logged event occurred. If
this information was not collected, the Coast Guard's commercial vessel
safety program would be negatively impacted, as there would be no
official record of U.S. merchant vessel voyages. Similarly, those
seeking to prove that an event required to be logged occurred would not
have an official record available.
    Forms: CG-706B, Official Logbook.
    Respondents: Shipping companies.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated annual burden remains at 1,750
hours a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: August 30, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-19412 Filed 9-6-18; 8:45 am]
BILLING CODE 9110-04-P