[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58334-58336]
[FR Doc No: 2023-18305]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98183; File No. SR-CboeBZX-2023-060]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule To Eliminate Reference to the ETF Implied Liquidity
Feed and Corresponding Fees

August 21, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 8, 2023, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'' or ``BZX
Equities'') proposes to amend its Fee Schedule. The text of the
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule applicable to its
equities trading platform (``BZX Equities'') to eliminate reference to
the ETF Implied Liquidity Feed and corresponding fees, effective August
8, 2023.
    The Exchange proposes to amend the Market Data section of its fee
schedule to eliminate reference to, and corresponding fees for, a
market data product called the ETF Implied Liquidity Feed.\3\ The ETF
Implied Liquidity feed is an optional data feed that provides the
Exchange's proprietary calculation of the implied liquidity and the
aggregate best bid and offer (``BBO'') of all displayed orders on the
Exchange and its affiliated exchanges \4\ for all standard, non-
leveraged U.S. equity Exchange Traded Funds (``ETFs'') traded on the
System.\5\ An ETF's implied liquidity disseminated via the feed
consists of the ETF's implied BBO (including the implied size)
calculated via a proprietary methodology based on the national best bid
and offer (``NBBO''), the number of shares of securities underlying one
creation unit of the ETF, and the estimated cash included in one
creation unit of the ETF. The Exchange disseminates the aggregate BBO
through the ETF Implied Liquidity feed no earlier than it provides its
BBO to the processors under the CTA Plan or the Nasdaq/UTP Plan. The
Exchange currently assesses (i) Distribution Fees for both Internal and
External, Distributors \6\ (ii) Usage Fees for both Professional \7\
and Non-Professional \8\ Users; and a (iii) Data Consolidation fee.
Specifically, the Exchange assesses (i) Internal Distributors a monthly
fee of $1,500 and External Distributors a monthly fee of $5,000; (ii)
Professional Users a monthly fee of $0.25 (if receiving internally) or
$25 (if receiving externally); (iii) Non-Professional Users a monthly
fee of $1.00 (whether receiving internally or externally); and a
monthly Data Consolidation Fee of $500. The Fee Schedule currently
provides that Distributors of the Cboe One Feed (as described in Rule
11.22(j)) may also receive upon request access to the ETF Implied
Liquidity Feed without incurring an additional Logical Port fee for the
ETF Implied Liquidity Feed. It also provides that External Distributors
of the Cboe One Feed will also receive

upon request access to the ETF Implied Liquidity Feed for external
distribution only without incurring an additional Distributor fee or,
if an External Distributor, the Data Consolidation fee for the ETF
Implied Liquidity Feed.
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    \3\ The ETF Implied Liquidity Feed was adopted in 2017. See
Securities Exchange Act Release No. 80580 (May 3, 2017), 82 FR 21585
(May 9, 2017) (SR-BatsBZX-2017-25) and Securities Exchange Act
Release No. 80772 (May 25, 2017), 82 FR 25389 (June 1, 2017) (SR-
BatsBZX-2017-036).
    \4\ The Exchange's affiliates are Cboe EDGA Exchange, Inc.,
(``EDGA''), Cboe EDGX Exchange, Inc. (``EDGX''), and Cboe BYX
Exchange, Inc. (``BYX'') (``collectively, the ``Bats Exchanges'').
    \5\ The securities underlying each of the U.S. equity ETFs
included in the proposed feed must be considered NMS Securities as
defined under Rule 600(b)(46) of Regulation NMS. 17 CFR
242.600(b)(46)
    \6\ A ``Distributor'' is defined as ``any entity that receives
the Exchange Market Data product directly from the Exchange or
indirectly through another entity and then distributes it internally
or externally to a third party.'' An ``Internal Distributor'' is
defined as ``a Distributor that receives the Exchange Market Data
product and then distributes that data to one or more Users within
the Distributor's own entity.'' An ``External Distributor'' is
defined as ``a Distributor that receives the Exchange Market Data
product and then distributes that data to a third party or one or
more Users outside the Distributor's own entity.''
    \7\ A Professional User of an Exchange Market Data product is
any User other than a Non-Professional User.
    \8\ A ``Non-Professional User'' of an Exchange Market Data
product is a natural person or qualifying trust that uses Data only
for personal purposes and not for any commercial purpose and, for a
natural person who works in the United States, is not: (i)
registered or qualified in any capacity with the Securities and
Exchange Commission, the Commodities Futures Trading Commission, any
state securities agency, any securities exchange or association, or
any commodities or futures contract market or association; (ii)
engaged as an ``investment adviser'' as that term is defined in
section 202(a)(11) of the Investment Advisors Act of 1940 (whether
or not registered or qualified under that Act); or (iii) employed by
a bank or other organization exempt from registration under federal
or state securities laws to perform functions that would require
registration or qualification if such functions were performed for
an organization not so exempt; or, for a natural person who works
outside of the United States, does not perform the same functions as
would disqualify such person as a Non-Professional User if he or she
worked in the United States.
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    Currently there are no market participants that are taking the ETF
Implied Liquidity feed. As such, the Exchange no longer wishes to
maintain or offer this product and therefore proposes to decommission
the ETF Implied Liquidity feed and delete the corresponding reference
to the product from its Fee Schedule.\9\
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    \9\ The Exchange intends to also submit a corresponding rule
filing to eliminate reference to this feed in the Exchange's
Rulebook under Exchange Rule 11.22(n). See SR-CboeBZX-2023-059.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of section 6(b) of the
Act.\10\ Specifically, the Exchange believes the proposed rule change
is consistent with the section 6(b)(5) \11\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the section 6(b)(5) \12\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers as well as section 6(b)(4) \13\
as it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its Members and other persons using
its facilities.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
    \13\ 15 U.S.C. 78f(b)(4)
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    In particular, the Exchange believes that the proposal to
decommission the ETF Implied Liquidity feed and remove reference to the
feed and corresponding fees in the Fee Schedule is appropriate given
the non-usage of the product among market participants. Further, the
ETF Implied Liquidity feed is optional, and its use is not a
prerequisite for trading on the Exchange. The Exchange also notes that
is not required to maintain or offer any one proprietary market data
product, including the ETF Implied Liquidity feed. The Exchange also
believes that the proposed rule change is fair and equitable and is not
designed to permit unfair discrimination as it applies uniformly to all
Members (i.e., the product will no longer be available for any Member).
Eliminating reference to this feed in the Exchange's Fee Schedule will
promote clarity in the rules as to what data products may or may not be
available. The Exchange has also provided notice of such
termination.\14\
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    \14\ See Exchange Notice C2023073104, ``Cboe Equities Fee
Schedule Updates Effective August 1, 2023'' issued on July 31, 2023
available at https://cdn.cboe.com/resources/fee_schedule/2023/Cboe-Equities-Exchanges-Fee-Schedule-Updates-Effective-August-1-2023.pdf.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The ETF Implied Liquidity
feed is an optional data feed offered by the Exchange, it is not a
prerequisite to trading on the Exchange, and the Exchange is not
required to offer or maintain such feed.
    The Exchange believes that the proposed deletion does impose any
intramarket competition as it applies to all Members (i.e. the product
will no longer be available to any Member). The Exchange believes that
the proposed rule change also does not impose any undue burden on
intermarket competition. The ETF Implied Liquidity feed is an optional
data product offered by the Exchange and market participants are not
required to subscribe to it and the Exchange is not required to offer
it. Moreover, the proposed change is not being submitted for
competitive reasons, but rather to eliminate a data product that is not
being actively used by market participants today.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4 \16\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeBZX-2023-060 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-CboeBZX-2023-060. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and

copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-CboeBZX-2023-060 and should be submitted
on or before September 15, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-18305 Filed 8-24-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 9, 2007 (Volume 72, Number 130)]
[Notices]
[Page 37289-37291]
[DOCID:fr09jy07-128]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55992; File No. SR-NYSE-2007-57]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Extend the Moratorium on the Qualification and Registration of New
Registered Competitive Market Makers and New Competitive Traders,
Governed by Rules 107A and 110, Respectively, for an Additional Three
Months

June 29, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 28, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE proposes to extend for three months the moratorium related
to the qualification and registration of Registered Competitive Market
Makers (``RCMMs'') pursuant to Exchange Rule 107A and Competitive
Traders (``CTs'') pursuant to Exchange Rule 110. The text of the
proposed rule change is available on the NYSE's Web site (http://www.nyse.com
), at the NYSE, and at the Commission's Public Reference

Room.

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

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

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

1. Purpose
    The Exchange proposes to extend for three months the current
moratorium related to the qualification and registration of RCMMs
pursuant to Exchange Rule 107A and CTs pursuant to Exchange Rule 110.
    On September 22, 2005, the Exchange filed SR-NYSE-2005-63 \3\ with
the Commission proposing to implement a moratorium on the qualification
and registration of new RCMMS and CTs (``Moratorium''). The purpose of
the Moratorium was to allow the Exchange an opportunity to review the
viability of RCMMs and CTs in the NYSE HYBRID MARKET\SM\ (``Hybrid
Market'').\4\
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    \3\ See Securities Exchange Act Release No. 52648 (October 21,
2005), 70 FR 62155 (October 28, 2005) (SR-NYSE-2005-63).
    \4\ See Securities Exchange Act Release No. 53539 (March 22,
2006), 71 FR 16353 (March 31, 2006) (SR-NYSE-2004-05) (establishing
the Hybrid Market).
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    The phased-in implementation of the Hybrid Market has required the
Exchange to extend the Moratorium.\5\ During each phase of the Hybrid
Market, new system functionality is included in the operation of
Exchange systems and new data has been generated. As a result, the
Exchange was unable to make an informed decision as to the viability of
RCMMs and CTs in the Hybrid Market.
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    \5\ See Securities Exchange Act Release Nos. 54140 (July 13,
2006), 71 FR 41491 (July 21, 2006) (SR-NYSE-2006-48); and 54985
(December 21, 2006), 72 FR 171 (January 3, 2007) (SR-NYSE-2006-113).
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    The Exchange now proposes to extend the Moratorium, as amended,\6\
for an additional three months in order to allow the Exchange to
continue its analysis of the viability of RCMMs and CTs in the Hybrid
Market. On January 25, 2007, the Exchange began programming its systems
to implement Phase IV of the Hybrid Market. Phase IV modifications to
all systems on the Floor were completed on or about February 27, 2007.
The Exchange has continued to review data related to RCMMs and CTs
during this time; however, more time is needed to provide the Exchange
with an adequate sample period to make a more informed decision as to
the viability of RCMMs and CTs in the Hybrid Market. As such, the
Exchange requests to extend the Moratorium for an additional three
months to complete its analysis.
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    \6\ See Securities Exchange Act Release No. 53549 (March 24,
2006), 71 FR 16388 (March 31, 2006) (SR-NYSE-2006-11) (making
certain amendments to the Moratorium).
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    The Exchange will issue an Information Memo announcing the
extension of the Moratorium. The review is currently estimated to be
completed on or about September 28, 2007.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \7\ that an exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest.
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    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \8\ and
Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied the five-day pre-filing requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The NYSE has
requested that the Commission waive the 30-day operative delay. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it would allow the moratorium to continue without interruption
so that the Exchange may have additional time to fully analyze the
future viability of RCMMs and CTs in the Hybrid Market. For these
reasons, the Commission designates that the proposed rule change become
operative immediately. \12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSE-2007-57 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2007-57. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2007-57 and should be submitted on or before July
30, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-13156 Filed 7-6-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Notices]
[Page 35826]
[DOCID:fr23jn10-109]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1912-DR; Docket ID FEMA-2010-0002]

Kentucky; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-1912-DR), dated May 11, 2010,
and related determinations.

DATES: Effective Date: June 15, 2010.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of May 11, 2010.

    Fayette County for Individual Assistance.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-15244 Filed 6-22-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Notices]
[Pages 14045-14048]
[FR Doc No: 2017-05212]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80205; File No. SR-BatsBZX-2017-17]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use on the Exchange's Equity Options Platform

March 10, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 1, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and

Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BZX Rules
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
options platform (``BZX Options'') to: (i) Decrease the standard rebate
provided by fee code PF; (ii) increase the standard fee assessed by fee
code NP; (iii) increase the enhanced rebate provided in Firm, Broker
Dealer and Joint Back Office Non-Penny Pilot Add Volume Tier 3, under
footnote 8; (iv) increase the discounted fee provided in the Non-
Customer \6\ Non-Penny Pilot Take Volume Tier 1, under footnote 13; (v)
eliminate the existing Non-Customer Non-Penny Pilot Take Volume Tier 2,
under footnote 13; and (vi) increase the discounted fee provided in the
Non-Customer Non-Penny Pilot Take Volume Tier 3 (to be re-numbered as
Tier 2), under footnote 13.
---------------------------------------------------------------------------

    \6\ ``Non-Customer'' applies to any transaction identified by a
Member for clearing which is not in the Customer range at the OCC,
excluding any transaction for a Broker Dealer or a ``Professional''
as defined in Exchange Rule 16.1. See the Exchange's fee schedule
available at http://www.bats.com/us/options/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

Decrease the Standard Rebate Provided by Fee Code PF

    Currently, fee code PF of the Exchange's fee schedule sets forth
the standard rebate of $0.36 per contract for Firm,\7\ Broker
Dealer,\8\ and Join Back Office \9\ orders that add liquidity on the
Exchange in Penny-Pilot securities. The Exchange now proposes to reduce
this standard rebate to $0.26 per contract. The Exchange also proposes
to update the Standard Rates table accordingly to reflect new standard
rebate.
---------------------------------------------------------------------------

    \7\ ``Firm'' applies to any transaction identified by a Member
for clearing in the Firm range at the OCC, excluding any Joint Back
Office transaction. Id.
    \8\ ``Broker Dealer'' applies to any order for the account of a
broker dealer, including a foreign broker dealer, that clears in the
Customer range at the Options Clearing Corporation (``OCC''). Id.
    \9\ ``Joint Back Office'' applies to any transaction identified
by a Member for clearing in the Firm range at the OCC that is
identified with an origin code as Joint Back Office. A Joint Back
Office participant is a Member that maintains a Joint Back Office
arrangement with a clearing broker-dealer. Id.
---------------------------------------------------------------------------

Increase the Standard Fee Assessed by Fee Code NP

    Currently, fee code NP of the Exchange's fee schedule sets forth
the standard fee of $1.07 per contract for Non-Customer orders that
remove liquidity on the Exchange in Non-Penny Pilot securities. The
Exchange now proposes to increase this standard fee to $1.10 per
contract. The Exchange also proposes to update the Standard Rates table
accordingly to reflect new standard fee.

Increase the Enhanced Rebate Provided in Firm, Broker Dealer and Joint
Back Office Non-Penny Pilot Add Volume Tier 3, Under Footnote 8

    Firm, Broker Dealer and Joint Back Office orders that add liquidity
in Non-Penny Pilot securities yield fee code NF and are provided a
standard rebate of $0.30 per contract. Footnote 8 of the fee schedule
sets forth three tiers, each providing enhanced rebates between $0.45
and $0.69 per contract to a Member's order that yields fee code NF upon
satisfying monthly volume criteria. Under Tier 3, qualifying Members
earn a rebate per share of $0.69 on Firm, Broker Dealer and Joint Back
Office orders that add liquidity in options in Non Penny Pilot
securities. Currently, to qualify for this tier a Member must have: (i)
An ADV \10\ greater than or equal to 2.30% of average OCV; \11\ and
(ii) an ADAV \12\ in Away Market Maker,\13\ Firm, Broker Dealer and
Joint Back Office orders greater than or equal to 1.65% of average OCV.
The Exchange proposes to increase the enhanced rebate provided by Tier
3 to $0.82 per contract. The Exchange also proposes to update the
Standard Rates table accordingly to reflect this new enhanced rebate.
---------------------------------------------------------------------------

    \10\ ``ADV'' means average daily volume calculated as the number
of contracts added or removed, combined, per day. Id.
    \11\ ``OCV'' means the total equity and ETF options volume that
clears in the Customer range at the Options Clearing Corporation
(``OCC'') for the month for which the fees apply, excluding volume
on any day that the Exchange experiences an Exchange System
Disruption and on any day with a scheduled early market close. See
the Exchange's fee schedule available at http://www.bats.com/us/options/membership/fee_schedule/bzx/.
    \12\ ``ADAV'' means average daily added volume calculated as the
number of contracts added per day. Id.
    \13\ ``Away Market Maker'' applies to any transaction identified
by a Member for clearing in the Market Maker range at the OCC, where
such Member is not registered with the Exchange as a Market Maker,
but is registered as a market maker on another options exchange. Id.
---------------------------------------------------------------------------

Modifications to Non-Customer Non-Penny Pilot Take Volume Tiers Under
Footnote 13

    Non-Customer orders that yield fee code NP are charged a standard
fee of $1.07 per contract. Footnote 13 of the fee schedule sets forth
three tiers, each providing reduced fees of either $1.01 or $1.02 per
contract to a Member's order that yields fee code NP upon satisfying
monthly volume criteria.
     Tier 1 offers a reduced fee of $1.02 per share and
currently requires that a Member has: (i) An ADAV in Customer \14\
orders greater than or equal to 0.80% of average OCV; (ii) an ADAV in
Market Maker \15\ orders greater than or equal to 0.35% of average OCV;
and (iii) on the Exchange's equity securities platform (``BZX
Equities'') an ADAV greater than or equal to 0.30% of average TCV. As
amended, Tier 1 will offer a reduced fee of $1.04 per share. The
Exchange does not propose to modify the required criteria for this Tier
as part of this filing.
---------------------------------------------------------------------------

    \14\ ``Customer'' applies to any transaction identified by a
Member for clearing in the Customer range at the OCC, excluding any
transaction for a Broker Dealer or a ``Professional'' as defined in
Exchange Rule 16.1. Id.
    \15\ ``Market Maker'' applies to any transaction identified by a
Member for clearing in the Market Maker range at the OCC, where such
Member is registered with the Exchange as a Market Maker as defined
in Rule 16.1(a)(37). See the Exchange's fee schedule available at
http://www.bats.com/us/options/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

     Tier 2 offers a reduced fee of $1.02 per share and
currently requires that a

Member has an ADAV in Customer orders greater than or equal to 1.30% of
average OCV. The Exchange proposes to eliminate Tier 2.
     Tier 3 offers a reduced fee of $1.01 per share and
currently requires that a Member has an ADAV in Customer orders greater
than or equal to 1.30% of average OCV. The Exchange proposes to re-
number Tier 3 as Tier 2 based on the elimination of Tier 2 discussed
above. Also, as amended, Tier 2 will offer a reduced fee of $1.04 per
share. The Exchange does not propose to modify the required criteria
for this Tier as part of this filing.

Implementation Date

    The Exchange proposes to implement the above changes to its fee
schedule on March 1, 2017.\16\
---------------------------------------------------------------------------

    \16\ The Exchange notes that the date of its fee schedule was
previously amended to state March 1, 2017 in SR-BatsBZX-2017-05. See
Securities Exchange Act Release No. 79956 (February 3, 2017), 82 FR
10102 (February 9, 2017).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with the objectives of Section 6 of the Act,\17\ in general, and
furthers the objectives of Section 6(b)(4),\18\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive or incentives to be insufficient. The proposed
rule changes reflect a competitive pricing structure designed to
incentivize market participants to direct their order flow to the
Exchange.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Fee Codes PF and NP

    The Exchange believes that its proposals to reduce the rebate
provided by fee code PF and increase the fee provided by fee code NP
are fair and equitable and reasonable because, such proposed fees and
rebates remain consistent with pricing previously offered by the
Exchange as well as competitors of the Exchange and do not represent a
significant departure from the Exchange's general pricing structure and
will allow the Exchange to earn additional revenue that can be used to
offset the addition of new pricing incentives. Lastly, the proposed
changes to fee codes PF and NP are not unfairly discriminatory because
they will apply equally to all Members.

Modifications to the Volume Discount Tier Rebates and Required Criteria

    The Exchange believes that the proposed modifications to the tiered
pricing structure are reasonable, fair and equitable, and non-
discriminatory. The Exchange operates in a highly competitive market in
which market participants may readily send order flow to many competing
venues if they deem fees at the Exchange to be excessive or incentives
provided to be insufficient. The proposed fee structure remains
intended to attract order flow to the Exchange by offering market
participants a competitive pricing structure. The Exchange believes it
is reasonable to offer and incrementally modify incentives intended to
help to contribute to the growth of the Exchange.
    Volume-based pricing such as that proposed herein have been widely
adopted by exchanges, including the Exchange, and are equitable because
they are open to all Members on an equal basis and provide additional
benefits or discounts that are reasonably related to: (i) The value to
an exchange's market quality; (ii) associated higher levels of market
activity, such as higher levels of liquidity provisions and/or growth
patterns; and (iii) introduction of higher volumes of orders into the
price and volume discovery processes.
    The proposed modifications proposed herein are also intended to
incentivize additional Members to send orders to the Exchange in an
effort to qualify for the enhanced rebate or reduced fee made available
by the tiers, in turn contributing to the growth of the Exchange. Thus,
the Exchange believes that the proposed modifications to the tiered
pricing structure is a reasonable, fair and equitable, and not an
unfairly discriminatory allocation of fees and rebates, because it will
provide Members with an incentive to reach certain thresholds on the
Exchange by contributing a meaningful amount of order flow to the
Exchange. The Exchange believes the proposed change to each tier's
criteria is consistent with the Act.

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

    The Exchange believes the proposed amendment to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed change represents a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets. The
Exchange does not believe that the proposed change to the Exchange's
standard fees, rebates and tiered pricing structure burdens
competition, but instead, enhances competition as it is intended to
increase the competitiveness of the Exchange.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \19\ and paragraph (f) of Rule 19b-4
thereunder.\20\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-BatsBZX-2017-17 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities

and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BatsBZX-2017-17. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2017-17 and should
be submitted on or April 6, 2017.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05212 Filed 3-15-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Notices]
[Page 100]
[DOCID:fr03ja06-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-342-004]

Discovery Gas Transmission LLC; Notice of Compliance Filing

December 27, 2005.
    Take notice that on December 16, 2005, Discovery Gas Transmission
LLC (Discovery) tenders for filing its actual costs incurred for final
completion of Discovery's Market Expansion project pursuant to section
157.20(c)(3) of the Commission's regulations and order paragraph (B) of
the order issued by the Commission in the above-captioned proceeding on
May 6, 2004.
    Discovery further states that copies of this filing are being
served to its customers, state commissions and other interested
parties.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 13, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-8173 Filed 12-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Notices]
[Pages 68868-68869]
[FR Doc No: 2020-24024]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-1959-003.
    Applicants: Avista Corporation.
    Description: Compliance filing: Avista Corp Amendment to Order 845/
854A Compliance Filing to be effective 10/17/2020.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5061.
    Comments Due: 5 p.m. ET 11/13/20.

    Docket Numbers: ER19-2621-001; ER19-665-001; ER19-666-001; ER19-
667-002; ER19-669-002.
    Applicants: FirstLight Power Management LLC, FirstLight CT
Housatonic LLC, FirstLight CT Hydro LLC, FirstLight MA Hydro LLC,
Northfield Mountain LLC.
    Description: Supplement to June 30, 2020 Updated Market Power
Analysis for the Northeast Region of FirstLight Power Management LLC,
et al.
    Filed Date: 10/21/20.
    Accession Number: 20201021-5161.
    Comments Due: 5 p.m. ET 11/12/20.

    Docket Numbers: ER19-2722-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Errata to Pending PJM Fast-Start
Compliance Filing to be effective 12/31/9998.
    Filed Date: 10/22/20.
    Accession Number: 20201022-5136.
    Comments Due: 5 p.m. ET 11/12/20.

    Docket Numbers: ER20-2820-001.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Tariff Amendment: ATSI submits Amended ECSAs, SA Nos.
5703 and 5704 to be effective 11/4/2020.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5092.
    Comments Due: 5 p.m. ET 11/13/20.

    Docket Numbers: ER21-109-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Correction to Amendment to WMPA, SA
No. 4768; Queue No. AC1-117 (consent) to be effective 8/4/2017.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5075.
    Comments Due: 5 p.m. ET 11/13/20.

    Docket Numbers: ER21-172-000.
    Applicants: Public Service Company of New Mexico.
    Description: Sec.  205(d) Rate Filing: Assignment of Incremental
Transmission Service Agreements to be effective 11/20/2020.
    Filed Date: 10/21/20.
    Accession Number: 20201021-5117.
    Comments Due: 5 p.m. ET 11/2/20.

    Docket Numbers: ER21-187-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF-Mount Dora Amended NITSA
SA-151 to be effective 1/1/2021.
    Filed Date: 10/22/20.
    Accession Number: 20201022-5113.
    Comments Due: 5 p.m. ET 11/12/20.

    Docket Numbers: ER21-188-000.
    Applicants: Tampa Electric Company.
    Description: Sec.  205(d) Rate Filing: Provisional Interconnection
Service under SGIP_SGIA to be effective 11/1/2020.
    Filed Date: 10/22/20.
    Accession Number: 20201022-5132.
    Comments Due: 5 p.m. ET 11/12/20.

    Docket Numbers: ER21-189-000.
    Applicants: Alabama Power Company.
    Description: Tariff Cancellation: Core Solar SPV XX LGIA
Termination Filing to be effective 10/23/2020.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5037.
    Comments Due: 5 p.m. ET 11/13/20.

    Docket Numbers: ER21-190-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2020-10-23 Excess Behind the
Meter Production to be effective 1/1/2021.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5043.
    Comments Due: 5 p.m. ET 11/13/20.

    Docket Numbers: ER21-191-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 888
between Tri-State and the BOR to be effective 10/20/2020.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5045.
    Comments Due: 5 p.m. ET 11/13/20.

    Docket Numbers: ER21-192-000.
    Applicants: NSTAR Electric Company.
    Description: Sec.  205(d) Rate Filing: Preliminary Engineering and
Design Agreement with Ocean State Power to be effective 10/23/2020.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5048.
    Comments Due: 5 p.m. ET 11/13/20.

    Docket Numbers: ER21-193-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205 filing re: unsecured
credit requirements tariff revisions to be effective 12/23/2020.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5058.
    Comments Due: 5 p.m. ET 11/13/20.

    Docket Numbers: ER21-194-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Notice of Cancellation of IFA
Oasis Power Partners, LLC SA No. 25 to be effective 10/12/2020.
    Filed Date: 10/23/20.
    Accession Number: 20201023-5072.
    Comments Due: 5 p.m. ET 11/13/20.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH21-1-000.
    Applicants: South Jersey Industries, Inc.
    Description: South Jersey Industries, Inc. submits FERC 65-A
Amended Exemption Notification.
    Filed Date: 10/21/20.
    Accession Number: 20201021-5177.
    Comments Due: 5 p.m. ET 11/12/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings

must file in accordance with Rules 211 and 214 of the Commission's
Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern
time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 23, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24024 Filed 10-29-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 22, 2008 (Volume 73, Number 14)]
[Proposed Rules]
[Page 3655-3656]
[DOCID:fr22ja08-12]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

Existence of Proposed Airworthiness Design Standards for
Acceptance Under the Primary Category Rule; Cubcrafters, Inc., Model
PC18-160

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for comments.

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

SUMMARY: This notice announces the existence of and requests comments
on proposed airworthiness design standards for acceptance of the
Cubcrafters, Inc., Model PC18-160 airplane under the regulations for
designation of applicable regulations for primary category aircraft.

DATES: Comments must be received on or before February 21, 2008.

ADDRESSES: Send all comments to the Federal Aviation Administration
(FAA), Standards Office, Small Airplane Directorate (ACE-110), Aircraft
Certification Service, 901 Locust Street, Room 301, Kansas City, MO
64106.

FOR FURTHER INFORMATION CONTACT: Mr. Leslie B. Taylor, Aerospace
Engineer, Standards Office (ACE-111), Small Airplane Directorate,
Aircraft Certification Service, FAA; telephone number<PHONE_NUMBER>,
fax number<PHONE_NUMBER>, e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Any person may obtain a copy of this
information by contacting the person named above under FOR FURTHER
INFORMATION CONTACT.

Comments Invited

    We invite interested parties to submit comments on the proposed
airworthiness standards to the address specified above. Commenters must
identify the Model PC18-160 and submit comments to the address
specified above. The FAA will consider all communications received on
or before the closing date before issuing the final acceptance. The
proposed airworthiness design standards and comments received may be
inspected at the FAA, Small Airplane Directorate, Aircraft
Certification Service, Standards Office (ACE-110), 901 Locust Street,
Room 301, Kansas City, MO 64106, between the hours of 7:30 a.m. and 4
p.m. weekdays, except Federal holidays.

Background

    The ``primary'' category for aircraft was created specifically for
the simple, low performance personal aircraft. Section 21.17(f)
provides a means for applicants to propose airworthiness standards for
their particular primary category aircraft. The FAA procedure
establishing appropriate airworthiness standards includes reviewing and
possibly revising the applicant's proposal, publication of the
submittal in the Federal Register for public review and comment, and
addressing the comments. After all necessary revisions, the standards
are published as approved FAA airworthiness standards.
    Accordingly, the applicant, Cubcrafters, Inc., has submitted a
request to the FAA to include the following:

Airframe and Systems

    ASTM F2245-07, ``Standard Specification for Design and Performance
of a Light Sport Airplane,'' modified as follows:
    1. Federal Aviation Regulations 23 Loads Report and Test Proposal
to be reviewed and approved by ACO. Specifically, Section 5 of ASTM
F2245-07 is replaced by Federal Aviation Regulations part 23,
Sec. Sec.  23.301 through 23.561 (latest amendments through Amendment
23-55) as applicable to this airplane.
    2. All major structural components will be tested as per the
approved Test Proposal (this eliminates ``analysis'' allowed by ASTM).
    3. Paragraph 4.2.1 of ASTM F2245-07 is replaced by Federal Aviation
Regulations part 23, Sec.  23.25(b) except that the empty weight
referred to in Federal Aviation Regulations part 23, Sec.  23.25(b)(1)
is replaced by the

maximum empty weight defined in Paragraph 3.1.2 of ASTM F2245-07.

Engine

    The engine may not have its own type certificate; in such case it
will be included in the airplane type certificate using the following
as a proposed certification basis:
    1. ASTM F2339-06, ``Standard Practice for Design and Manufacture of
Reciprocating Spark Ignition Engines for Light Sport Aircraft,''
modified as follows: Engine parts and assemblies will be manufactured
under the purview of a production certificate held by the applicant.
Section 7 of ASTM F2339-06 does not apply.
    2. Optionally, the applicant may elect to use a type certificated
engine up to 180 horsepower.

Propeller

    A type certificated propeller will be used.

Proposed Airworthiness Standards for Acceptance Under the Primary
Category Rule

    The FAA is requiring use of the part 23 rules in addition to the
Light Sport Airplane Consensus Standards. The applicant has agreed to
this position; therefore, the certification basis for the Cubcrafters,
Inc., Model PC18-160 will be the Primary Category Rule (part 21, Sec.
21.24) with Amendment 23-57 for 14 CFR, part 23, Sec. Sec.  23.853(a);
23.863; 23.1303(a), (b), and (c); 23.1311(a)(1) through (a)(4), and
(b); 23.1321; 23.1322; 23.1329 and 23.1359 and:

Airframe and Systems

    ASTM F2245-07, ``Standard Specification for Design and Performance
of a Light Sport Airplane,'' modified as follows:
    1. Federal Aviation Regulations 23 Loads Report and Test Proposal
to be reviewed and approved by ACO. Specifically, Section 5 of ASTM
F2245-07 is replaced by Federal Aviation Regulations part 23,
Sec. Sec.  23.301 through 23.561 (latest amendments through Amendment
23-55) as applicable to this airplane.
    2. All major structural components will be tested as per the
approved Test Proposal (this eliminates ``analysis'' allowed by ASTM).
    3. Paragraph 4.2.1 of ASTM F2245-07 is replaced by Federal Aviation
Regulations part 23, Sec.  23.25(b) except that the empty weight
referred to in Federal Aviation Regulations part 23, Sec.  23.25(b)(1)
is replaced by the maximum empty weight defined in Paragraph 3.1.2 of
ASTM F2245-07.

Engine

    The engine may not have its own type certificate; in such case it
will be included in the airplane type certificate using the following
as a proposed certification basis:
    1. ASTM F2339-06, ``Standard Practice for Design and Manufacture of
Reciprocating Spark Ignition Engines for Light Sport Aircraft,''
modified as follows: Engine parts and assemblies will be manufactured
under the purview of a production certificate held by the applicant.
Section 7 of ASTM F2339-06 does not apply.
    2. Optionally, the applicant may elect to use a type certificated
engine up to 180 horsepower.

Propeller

    A type certificated propeller will be used.
    In addition to the applicable airworthiness regulations, the PC18-
160 must comply with the fuel vent and exhaust emission requirements of
14 CFR part 34 and the noise certification requirements of 14 CFR part
36; and the FAA must issue a finding of regulatory adequacy pursuant to
section 611 of Public Law 92-574, the ``Noise Control Act of 1972.''

    Issued in Kansas City, Missouri on January 11, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-852 Filed 1-18-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93631-93633]
[FR Doc No: 2016-30470]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0372; FRL-9956-59-Region 5]

Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area
to Attainment of the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finding that the
Columbus, Ohio area is attaining the 2008 ozone National Ambient Air
Quality Standard (NAAQS or standard) and redesignating the area to
attainment for the 2008 ozone NAAQS because the area meets the
statutory requirements for redesignation under the Clean Air Act (CAA
or Act). The Columbus area includes Delaware, Fairfield, Knox, Licking,
and Mason Counties. EPA is also approving, as a revision to the Ohio
State Implementation Plan (SIP), the state's plan for maintaining the
2008 ozone standard through 2030 in the Columbus area. Finally, EPA
finds adequate and is approving the state's 2020 and 2030 volatile
organic compound (VOC) and oxides of nitrogen (NOX) Motor
Vehicle Emission Budgets (MVEBs) for the Columbus area. The Ohio
Environmental Protection Agency (Ohio EPA) submitted the SIP revision
and redesignation request on June 16, 2016.

DATES: This final rule is effective December 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0372. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule takes action on the June 16, 2016, submission from Ohio
EPA requesting redesignation of the Columbus area to attainment for the
2008 ozone standard. The background for today's action is discussed in
detail in EPA's proposal, dated September 28, 2016 (81 FR 66578). In
that rulemaking, we noted that, under EPA regulations at 40 CFR part
50, the 2008 ozone NAAQS is attained in an area when the 3-year average
of the annual fourth highest daily maximum 8-hour average concentration
is equal to or less than 0.075 ppm, when truncated after the thousandth
decimal place, at all of the ozone monitoring sites in the area. (See
40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the CAA, EPA may
redesignate nonattainment areas to attainment if sufficient complete,
quality-assured data are available to determine that the area has
attained the standard and if it meets the other CAA redesignation
requirements in section 107(d)(3)(E). The proposed rule, dated
September 28, 2016, provides a detailed discussion of how Ohio has met
these CAA requirements.
    As discussed in the proposed rule, quality-assured and certified
monitoring data for 2013-2015 and preliminary data for 2016 show that
the Columbus area has attained and continues to attain the 2008 ozone
standard. In the maintenance plan submitted for the area, Ohio has
demonstrated that the ozone standard will be maintained in the area
through 2030. Finally, Ohio has adopted 2020 and 2030 VOC and
NOX MVEBs for the Columbus area that are supported by Ohio's
maintenance demonstration.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the September
28, 2016, proposed rule. The comment

period ended on October 28, 2016. During the comment period, comments
in support of the action were submitted on behalf of the Ohio Utility
Group and its member companies. We received no adverse comments on the
proposed rule.

III. What action is EPA taking?

    EPA is determining that the Columbus nonattainment area is
attaining the 2008 ozone standard, based on quality-assured and
certified monitoring data for 2013-2015 and that the Ohio portion of
this area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus changing the legal designation of
the Columbus area from nonattainment to attainment for the 2008 ozone
standard. EPA is also approving, as a revision to the Ohio SIP, the
state's maintenance plan for the area. The maintenance plan is designed
to keep the Columbus area in attainment of the 2008 ozone NAAQS through
2030. Finally, EPA finds adequate and is approving the newly-
established 2020 and 2030 MVEBs for the Columbus area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the state
of planning requirements for this ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 21, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and

classifications, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
    Parts 52 and 81, chapter I, title 40 of the Code of Federal
Regulations is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 52.1885 is amended by adding paragraph (pp)(2) to read as
follows:

Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (pp) * * *
    (2) Approval--On June 16, 2016, the Ohio Environmental Protection
Agency submitted a request to redesignate the Columbus area to
attainment of the 2008 ozone NAAQS. As part of the redesignation
request, the State submitted a maintenance plan as required by section
175A of the Clean Air Act. Elements of the section 175 maintenance plan
include a contingency plan and an obligation to submit a subsequent
maintenance plan revision in eight years as required by the Clean Air
Act. The 2020 motor vehicle emissions budgets for the Columbus area are
50.66 tons per summer day (TPSD) for VOC and 90.54 TPSD for
NOX. The 2030 motor vehicle emissions budgets for the
Columbus area are 44.31 TPSD for VOC and 85.13 TPSD for NOX.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
4. Section 81.336 is amended by revising the entry for Columbus, OH in
the table entitled ``Ohio--2008 8-Hour Ozone NAAQS (Primary and
secondary)'' to read as follows:

Sec.  81.336   Ohio.

* * * * *

                                         Ohio--2008--8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Columbus, OH: \2\ Delaware        December 21, 2016.  Attainment........
 County, Fairfield County,
 Franklin County, Knox County,
 Licking County, Madison County.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2016-30470 Filed 12-20-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 18, 2008 (Volume 73, Number 160)]
[Proposed Rules]
[Page 48160-48162]
[DOCID:fr18au08-14]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0738]
RIN 1625-AA08

Special Local Regulations for Marine Events; Wrightsville
Channel, Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish Temporary special local
regulations for the swim portions of ``Beach 2 Battleship Full and Half
Iron Distance Triathlon'', to be held on the waters of Banks Channel,
adjacent to Wrightsville Beach, North Carolina. These special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic in Wrightsville Channel during the swimming portion of
this event.

DATES: Comments and related material must reach the Coast Guard on or
before September 17, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0738 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Christopher D. Humphrey, Coast Guard Sector North Carolina,
Atlantic Beach, NC,<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0738), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0738)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays; or U.S. Coast Guard Sector North
Carolina, 2301 East Fort Macon Rd., Atlantic Beach, North Carolina
28512 between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act system of
records notice regarding our public dockets in the January 17, 2008,
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    On November 1, 2008, the Wilmington YMCA will sponsor the ``Beach 2
Battleship Full and Half Iron Distance Triathlon'' on the waters of
Banks Channel including the waters of Wrightsville Channel adjacent to
Wrightsville Beach, North Carolina. The swim portion of the event will
consist of two groups of 500 swimmers entering Banks Channel southwest
of the Coast Guard Station and swimming northeast along Wrightsville
Channel and Motts Channel to Seapath Marina. A fleet of spectator
vessels are expected to gather near the event site to view the
competition. To provide for the safety of the participants, spectators
and other transiting vessels, the Coast Guard will temporarily restrict
vessel traffic in the event area during this event.

Discussion of Proposed Rule

    The Coast Guard proposes the establishment of special local
regulations on specified waters of Banks Channel. The regulation would
be enforced from 6 a.m. to 11 a.m. on November 1, 2008. The effects of
the regulation would be to restrict general navigation in the regulated
area during the event. Except for persons or vessels authorized by the
Coast Guard Patrol Commander, no persons or vessels may enter or remain
in the regulated area. Non-participating vessels will be allowed to
transit between swim events, when the Coast Guard Patrol Commander
determines it is safe to do so. These regulations are needed to control
vessel traffic during the event to enhance the safety of participants,
spectators and transiting vessels.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    Although this regulation prevents traffic from transiting a portion
of Wrightsville Channel and Motts Channel during the event, the effect
of this regulation will not be significant due to the limited duration
that the regulated area will be in effect. Extensive advance
notification will be made to the maritime community via marine
information broadcast, area newspapers, local radio and television
stations so mariners can adjust their plans accordingly. Additionally,
the regulated area has been narrowly tailored to impose the least
impact on general navigation yet provide the level of safety deemed
necessary. Vessel traffic will be able to transit the regulated area
between races, when the Coast Guard Patrol Commander deems it is safe
to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The rule will affect the following entities,
some of which may be small entities: The owners or operators of vessels
intending to transit this section of Wrightsville Channel, Motts
Channel and Banks Channel from 6 a.m. to 11 a.m. on November 1, 2008.
This proposed rule would not have a significant economic impact on
substantial number of small entities for the following reasons.
Although the regulated area will apply to the Wrightsville Channel,
traffic may be allowed to pass through the regulated area with the
permission of the Coast Guard Patrol Commander. In the case where the
Patrol Commander authorizes passage through the regulated area, vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the swim course. The Patrol Commander will
allow non-participating vessels to transit the event area once all
swimmers are safely clear of navigation channels and vessel traffic
areas. Before the enforcement period, we will issue maritime advisories
so mariners can adjust their plans accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Coast Guard Sector North
Carolina listed under FOR FURTHER INFORMATION CONTACT at the beginning
of this rule. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of

Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 5100.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination under the Instruction that this
action is not likely to have a significant effect on the human
environment. An environmental analysis checklist supporting this
preliminary determination is available in the docket where indicated
under ADDRESSES.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

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

PART 100--REGATTAS AND MARINE PARADES

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

    Authority: 33 U.S.C. 1233.

    2. Add a temporary Sec.  100.35-T05-0738 to read as follows:

Sec.  100.35-T05-0738  Wrightsville Channel, Wrightsville Beach, NC.

    (a) Regulated area. The regulated area is established for the
waters of Banks Channel, adjacent to Wrightsville Beach, NC, from the
southern tip of Wrightsville Beach approximate position latitude
34[deg]11'15'' N, longitude 077[deg]48'51'' W, thence northeast to
Seapath Marina, Wrightsville Beach, NC. approximate position latitude
34[deg]12'45'' N, longitude 077[deg]48'27'' W. All coordinates
reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who have
been designated by the Commander, Coast Guard Sector North Carolina.
    (2) Official Patrol means any person or vessel assigned or approved
by Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
    (iii) The operator of a vessel in the regulated area shall stop the
vessel immediately when instructed to do so by the Official Patrol and
then proceed as directed.
    (iv) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the swim course.
    (d) Enforcement Period. This section will be enforced from 6 a.m.
to 11 a.m. on November 1, 2008.

    Dated: July 28, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E8-19001 Filed 8-15-08; 8:45 am]

BILLING CODE 4910-15-P