the maximum volume of CCS interest will trade, taking into account the
volume, if any, available from d-Quotes and hidden interest. The
arriving interest will then be executed at that price, with all
interest (CCS, d-Quote, non-displayed reserve interest) trading on
parity.\129\ Any reserve interest of the DMM that is also eligible to
trade at the price inside the Exchange BBO at which the CCS interest
will participate will be aggregated with the DMM's CCS interest at that
price when the trade execution is allocated.\130\ In this manner, an
incoming order may be executed at

multiple price points in between the quote against d-quotes, Non-
Displayed Reserve interest of all participants and CCS interest.
However, CCS interest may only participate once if more than one
execution is required to fill the order.
---------------------------------------------------------------------------

    \129\ An explanation of how the parity allocation of executions
will be accomplished is provided in the text of subsection (d)(2) of
Proposed New Market Model Section.
    \130\ See July 16th e-mail, supra note 101.
---------------------------------------------------------------------------

(2) Floor Brokers
    Along with rules addressed to DMMs, the Exchange is proposing
changes to existing rules that apply to Floor brokers.
(A) Elimination of Percentage Orders
    The Exchange proposes to amend NYSE Rule 13 and to delete NYSE
Rules 70.25(d)(i)(A), 123A.30 and 1000(d)(2)(D) to rescind percentage
orders as an acceptable order type on the Exchange. As a result of
these proposed amendments, Floor brokers will no longer be permitted to
enter CAP-DI orders. In place of this order type, the Exchange intends
to provide Floor brokers access to algorithmic technology that will
replicate the trading strategy achieved by the use of CAP-DI orders
through the Floor broker's handheld electronic device.
    The Exchange believes that this change is necessary to improve the
efficiency of the Display Book. The current processing of CAP-DI orders
impedes the efficiency of the Display Book for a number of reasons.
Among other things, CAP-DI orders require the system to monitor and
calculate many variables including when the CAP-DI order is eligible
for conversion and execution; for each individual execution the system
must calculate the number of shares the CAP-DI order is entitled to act
dynamically update the remaining quantity of the order until the CAP-DI
order is executed in full. Moreover, because CAP-DI orders are now
executed in tandem with executions for the specialist account the
system is also required to monitor and calculate this information for
additional executions.
    In addition, system efficiency is affected by the fact that CAP-DI
orders may be passively converted. The process of passively converting
CAP-DI orders impedes the specialist's ability to function efficiently
in an automated market because the specialist must manually complete
the passive conversion. The increase in the speed of trading and the
delay inherent in requiring the DMM to manually passively convert CAP-
DI orders is inconsistent with the Exchange's proposed more electronic
model.
(B) d-Quote Trading with Non-Marketable IOC Orders and at the Open and
Close
    The Exchange further proposes to amend NYSE Rule 70 to enhance the
functionality of the Floor broker d-Quote to increase the liquidity
available for executions on the Exchange. Specifically, the Exchange
proposes to allow d-Quotes to partially or completely fill a non-
marketable immediate or cancel order (``IOC'') which includes NYSE IOC,
Reg. NMS IOC and an Inter-market Sweep Order (``ISO'') \131\ that are
within the d-Quotes discretionary range.\132\
---------------------------------------------------------------------------

    \131\ See NYSE Rule 13. By their definition, these order types
are never quoted but must be automatically executed. Any remaining
unfilled portion is immediately and automatically cancelled. Non-
marketable IOC orders are immediately and automatically cancelled.
    \132\ See Proposed NYSE Rule 70.25(d)(ix).
---------------------------------------------------------------------------

    In allowing the d-Quote to interact with a non-marketable IOC, the
Exchange seeks to provide the IOC an opportunity to receive a partial
or complete execution. In instances where the d-Quote only partially
completes the order, the remaining portion of the non-marketable IOC
will be automatically and immediately cancelled.
    To further increase the liquidity available at the opening and
closing transaction, the Exchange additionally proposes to amend NYSE
Rule 70.25(a)(ii) to allow d-Quotes to be active in the opening and
closing transactions which will allow a d-Quote to execute up to its
maximum amount of discretion.
(C) Floor Broker Interest Published to OpenBook
    The Exchange proposes to have Floor broker interest not designated
DND published to OpenBook system at every price point. The displayable
portions of Floor broker interest designated DND will only be included
in OpenBook when such interest is at the Exchange BBO. Floor broker
agency interest employing Non-Displayed Reserve functionality, as
described further below, will not be included in OpenBook. The Exchange
believes that including this interest in OpenBook will benefit
customers by providing its customers with a fuller view of the
liquidity available on the Exchange.

(d) Changes to NYSE Order Types and Order Processing

(1) Additional Undisplayed Liquidity
    Floor brokers, Off-Floor participants and DMMs will continue to
have the ability to maintain reserve liquidity on the Exchange;
however, the NYSE proposes to modify each participant's ability to
provide reserve interest. As a threshold matter, the Exchange intends
to amend NYSE Rule 13 to refer to all undisplayed Off-Floor interest as
``Reserve Orders.'' Within that broad category, the Exchange proposes
to create two types of reserve interest, ``Minimum Display'' and ``Non-
Displayed Reserve.'' \133\
---------------------------------------------------------------------------

    \133\ Through this filing, the Exchange proposes to make
permanent NYSE Rule 13 governing Reserve Orders. The Exchange
further proposes conforming amendments in proposed NYSE Rules 70(e)
and 104 to provide Floor brokers and DMMs with equivalent
functionality.
---------------------------------------------------------------------------

(A) Minimum Display Orders
    ``Minimum Display Order'' would require that a portion of the
shares in the order, a minimum of one round lot, be designated for
display and the Exchange would provide Floor brokers and DMMs with
equivalent functionality (collectively ``Minimum Display Interest'').
Each time a Minimum Display Reserve Order is replenished from reserve
interest, a new time-stamp is created for the replenished portion of
that Minimum Display Reserve Order, while the remaining reserve
interest retains the time-stamp of its original entry.
    Minimum Display Interest will participate in manual executions.
Exchange systems will include all Minimum Display interest in the
aggregate order information available for execution at a price point
when the DMM facilitates a manual transaction. The Minimum Display
Interest will not be identifiable but will be included, where eligible,
in any resulting execution.
    The Exchange further proposes that the aggregate interest of
Minimum Display Interest be included in the aggregate interest
available to be seen by the DMM in order to provide information about
orders available in Exchange systems for response to a Floor broker's
market probe request pursuant to NYSE Rule 115.
    Currently, during a manual execution, Floor broker DND reserve
interest that has a displayed quantity and Reserve Orders pursuant to
NYSE Rule 13 are included in the aggregated order information displayed
to the specialist only during manual executions (e.g., the opening and
closing trade on the Exchange, resuming trades after a LRP is reached,
or during a gap quote situation). Pursuant to Exchange Rule
70.20(h),\134\ access to the Display Book

system for information on reserve interest is only for the purpose of
effecting transactions that are reasonably imminent. The Exchange
proposes to amend NYSE Rules 13, 70.20 and 115 to include as eligible
information a DMM may provide, all Minimum Display Order Interest in
response to a Floor broker's market probe request. Specifically, the
Exchange proposes to amend NYSE Rules 13 and 115 to specifically state
that the aggregate interest of the proposed ``Minimum Display Order''
will be included in the information disseminated pursuant to NYSE Rule
115.
---------------------------------------------------------------------------

    \134\ NYSE Rule 70.20(h)(ii) provides, ``Specialists, trading
assistant and anyone acting on their behalf are prohibited from
using the Display Book system to access information about Floor
broker agency interest excluded from the aggregated agency interest
other than for the purpose of effecting transactions that are
reasonably imminent where such Floor broker agency interest
information is necessary to effect such transaction.''
---------------------------------------------------------------------------

    Pursuant to NYSE Rule 115(iii) a specialist may provide information
about orders contained in the Display Book, referred to also as a
market probe, ``* * * to provide information about buying or selling
interest in the market, including aggregated buying or selling interest
contained in Floor broker agency interest files other than interest the
broker has chosen to exclude from the aggregated buying and selling
interest in response to an inquiry from a member conducting a market
probe in the normal course of business.''
    The Exchange further proposes to amend NYSE Rule 70.20(h)(ii) to
remove the prohibition against specialist's ability to provide
information about Floor broker reserve interest. The Exchange proposes
that all Floor broker interest not designated DND be included in the
information eligible for dissemination pursuant to NYSE Rule 115.
(B) Non-Displayed Reserve Orders
    In addition to Minimum Display Interest, the Exchange further
proposes to provide all market participants with the ability to
maintain completely non-displayed interest. This proposed type of
reserve interest for all market participants will not have any of the
order designated for display. The Exchange proposes to create the
``Non-Displayed Reserve Order'' for Off-Floor participants and provide
Floor brokers and DMMs with equivalent functionality.
    Non-Displayed Reserve Orders will not be included in the
information available to the DMM for manual execution.
    Floor brokers may also utilize Non-Display Reserve functionality to
enter reserve interest. If the Floor broker uses this functionality,
there is no interest displayed in the published quotation, but the
interest will be eligible for manual executions because the DMM has the
ability to view the Floor broker agency interest in the aggregate.
Floor broker agency interest file reserve interest may also be
designated as ``Do Not Display'' (``DND''), meaning such interest will
not be available to the DMM for manual executions. As such, Non-
Displayed Reserve Order and Floor broker Non-Display functionality
designated DND will not participate at the open or the close, during a
gap quote situation or when a manual execution is required to trade out
of an LRP that locks or crosses the market. Therefore, these types of
interest may be executed at an inferior price, and will not be
protected in any manual trade--at the choice of the customer.
    DMM interest employing Non-Displayed Reserve functionality will,
however, be eligible to participate in a manual transaction.
    Off-Floor participants that want to have non-displayed liquidity
participate in a manual transaction will be required to send a Minimum
Display Order. Similarly, Floor brokers that choose to have non-
displayed liquidity participate in a manual transactions must not
designate such interest DND.
(2) Execution of Bids and Offers
    The Exchange believes that the changes proposed herein create a
market model where all participants have the ability to compete. As
such, the Exchange proposes to amend NYSE Rule 72 to provide to all
market participants the ability to receive executions on an equal basis
(``parity'') with other interest available at that price.\135\
Individual Floor brokers and the DMM registered in the security shall
each constitute a single market participant. All Off-Floor orders
entered in Exchange systems at the Exchange BBO shall together
constitute a single market participant (``Off-Floor Participant'') for
the purpose of share allocation. Specifically, unlike the current
specialists, who must yield to all off Floor interest, DMM Interest at
any price point will no longer be restricted in its ability to receive
shares during an execution and no longer would be required to yield to
any Off-Floor interest.
---------------------------------------------------------------------------

    \135\ The amendments proposed herein apply only to round-lot
executions. Odd-lot executions will continue to be executed in the
Odd-lot system and priced pursuant NYSE Rule 124. The DMM will act
as the contra to all odd-lot executions as specialists do currently.
The Exchange also proposes to delete NYSE Rule 123A.22 as it is no
longer applicable because odd-lot orders are automatically executed
in the Odd-lot system. In addition, conforming amendments are
proposed to NYSE Rule 70.20 (a) to remove text pertaining to
restrictions on a specialist's ability to trade on parity. In
addition, the Exchange proposes to remove text in NYSE Rule 70.20(b)
that refers to precedence based on size. The Exchange also proposes
conforming amendments to NYSE Rule 108 subparagraphs (a) and (b) to
remove language that discusses restrictions to parity and precedence
based on size.
---------------------------------------------------------------------------

(A) Priority and Parity for Setting Interest
    Proposed NYSE Rule 72 would modify the concept of priority to
provide that where there is more than one bidder (offerer)
participating in an execution and one of the bids (offers) was
established as the first made at a particular price and such bid or
offer is the only interest when such price is or becomes the best bid
or offer published by the Exchange (the ``Setting Interest''), that the
displayed portion of such Setting Interest is entitled to priority. In
order to qualify as Setting Interest, it must have been the only \136\
interest quoted at a price. Only the quoted (i.e., displayed) portion
of the Setting Interest is entitled to priority (``Priority
Interest'').
---------------------------------------------------------------------------

    \136\ If, at the time of quoting, Non-Displayed Reserve Orders
or Floor broker and DMM interest employing Non-Displayed Reserve
Functionality exist at the price point along with a single order or
quote that has a published quantity, the single order will be deemed
to be a setting order even if the Hiden Reserve Orders and Floor
broker and DMM interest employing Hiden Reserve Functionality
arrived first. In addition, if prior to quoting, there are two
orders at the price point and one of those orders cancels, the
remaining order that is the only interest quoted at the price is
conspired the Setting Interest. see Proposed Rule 72(a)(ii); see
also July 17th e-mail, supra note 3.
---------------------------------------------------------------------------

    Exchange systems will be responsible for share allocation and thus
will create interest files for each market participant.
    Exchange systems will allocate the first 15% of any execution (a
minimum of one round lot) \137\ at that price to the Priority Interest.
For the remainder of that execution, Setting Interest will receive
executions on parity with other interest available at that price.
Exchange systems will repeat the allocation logic for the Setting
Interest until the Priority Interest is completely executed. Any
remaining non Priority Interest of the Setting Interest will be
executed on parity.
---------------------------------------------------------------------------

    \137\ All allocations will be done on a round lot basis. If 15%
would result in the Priority Interest receiving a mixed lot,
Exchange systems will round up to the nearest round lot.
---------------------------------------------------------------------------

    The Exchange proposes to have Priority Interest retain its standing
even if the Exchange BBO moves away from the price point. For example,
assume that the DMM is established as the Setting Interest at $30.05
bid. A sell order is executed against the DMM's Priority Interest at
$30.05 that does not completely execute the DMM's Priority

Interest. The Exchange best bid then moves to $30.07. If the Exchange
best bid again becomes $30.05 on that day, the remaining portion of the
DMM's Priority Interest will again receive the first 15% of any
subsequent execution at the $30.05 bid until the DMM's Priority
Interest is executed or cancelled, trading in the stock is halted or
the trading session ends.
    Partial cancellations will count first against the non Priority
interest of any Setting Interest. All allocations to the Setting
Interest will be decremented from the Priority Interest first whether
the allocation is based on priority or parity. Setting Interest may be
executed on parity with no priority allocation if the quote moves to a
better price point and thereafter an incoming order exceeds the shares
available for execution at the newly established Exchange BBO. In those
instances, the Setting Interest will be executed on parity and the
Priority Interest will be decremented first. For, example, assume that
Customer X is established as the Setting Interest at a bid of $30.05. A
sell order is executed against Customer X's Priority Interest at $30.05
that does not completely execute Customer X's Priority Interest. The
Exchange best bid then moves to $30.07. A subsequent sell order is
entered into Exchange systems to execute against the $30.07 bid that
exceeds the number of shares available for execution at the $30.07 bid.
There is bid interest at the price of $30.06. In order to complete the
execution of the sell order, Exchange systems will execute the
remainder of the order against all the available interest at the bid
prices of $30.06 and $30.05. Customer X's Priority Interest will be
executed with all other available interest at $30.05 on parity as if
there was no Setting Interest.
    Where there is more than one bidder (offerer) participating in an
execution and none of the bids (offers) was established as the Setting
Interest at a particular price, the shares will be allocated on parity.
(B) Priority and Parity in the Absence of Setting Interest
    Where there is no Setting Interest, Exchange systems will divide
the size of the executing order by the number of participants. The
total number of shares to be allocated to each participant will be
distributed equally among the participants where possible. Within the
single Off-Floor Participant, shares executed will be allocated in
order of time priority of receipt of Off-Floor Participant Interest
into Exchange systems. Executions will be allocated in round-lots. In
the event the number of shares to be executed at the price point is
insufficient to allocate round lots to all the participants eligible to
receive an execution at the price point, the Exchange systems will
create an allocation wheel of the eligible participants at the price
point and the available shares will be distributed to the participants
in turn.
    On each trading day, the allocation wheel for each security is set
to begin with the participant whose interest is entered or retained
first on a time basis. Thereafter, participants are added to the wheel
as their interest joins existing interest at a particular price point.
If a participant cancels his, her or its interest and then rejoins,
that participant joins as the last position on the wheel at that time.
    Thus, if Display Book has displayed two bids from Off-Floor
Participants for a total volume of 200 shares, the DMM and three Floor
brokers are bidding at the same time for 100 shares each, Exchange
systems will divide an execution among the participants as explained
below.

------------------------------------------------------------------------
  Order 1 100 shares & Order
         2 100 shares                   Book participant
------------------------------------------------------------------------
DMM 100 shares.........................  Participant A.
Floor Broker 1 100 shares..............  Participant B.
Floor Broker 2 100 shares..............  Participant C.
Floor Broker 3 100 shares..............  Participant D.
------------------------------------------------------------------------

    In instances where the shares to be executed are insufficient to
split among Participants, the distribution of shares will be executed
serially. For example, a market order for 300 shares to sell entered in
Exchange systems will allocate 100 shares to Book Participant Order
1, Participant A and Participant B. Subsequently, another
order to sell 300 shares at the same price is received by Exchange
systems. Those shares will be allocated to Participant C, Participant
D, and Order 2 Book Participant.
    Non-Displayed Interest at price points between the Exchange BBO
will also trade on parity. Thus non-marketable orders that are priced
in between the Exchange BBO will be eligible to be executed against all
non-displayed interest in Exchange systems at those price points. The
total number of shares to be allocated will be distributed based on
parity.
    The Exchange further proposes to change its overall allocation
logic to require that for all executions, at the Exchange BBO or
outside the Exchange BBO, the displayable bids (offers) shall trade
first with orders to sell (buy). In the event that all displayable
interest is completely executed at the price point and there is non-
displayable interest available for execution at that price point, the
remainder of the incoming order will be executed against the non-
displayable bids (offers) at the price point. The non-displayable bids
(offers) will trade on parity with the orders to sell (buy) at the
price point.

(e) Additional Amendments

    In addition to the substantive amendments discussed above, the
Exchange proposes to make certain conforming amendments. Where
applicable, the word ``specialist'' is proposed to be changed to
``DMM,'' ``specialty stock'' changed to ``registered security'' and
related conforming changes throughout the NYSE Rulebook.
    The Exchange further proposes to amend NYSE Rule 7 to delete the
term ``Exchange Ticket'' and define the Exchange BBO as the best bid
and offer disseminated by the Exchange to the Consolidated Quotation
System.
    Conforming amendments are proposed to NYSE Rule 35 in order to
remove rule text that refers to ``tickets'' for entrance on the Floor
and clarify that such entrance is subject to Exchange approval.
    In NYSE Rule 46A ``Executive Floor Governors'' the Exchange
proposes to change the word ``consist'' to ``comprise'' in order to
provide greater clarity in the rule. The Exchange further proposes to
amend the rule to allow supervising DMMs to serve in the capacity of an
Executive Floor Governor.
    Conforming amendments are proposed for NYSE Rule 52 in order to
clarify that pre-opening indications are disseminated pursuant to NYSE
Rule 15 (``Pre-Opening Indications'').
    The Exchange proposes to amend NYSE Rule 60 (``Dissemination of
Quotations'') to include the appropriate names for the divisions of the
Exchange, include modified vocabulary, remove language relating to
``liquidity bid'' and ``liquidity ``offer'' from paragraphs (d) and
(e), and reflect the accurate citations for the federal securities laws
referenced therein. For example, the Exchange proposes to amend
references to ``reported security'' to use the term ``NMS security.''
In addition, references to Rule 11Ac1-1 will be amended to refer to
Rule 602 under Reg. NMS. A reference to the Exchange's Market
Surveillance Division is proposed to be amended to refer to NYSE
Regulation, Inc.\138\ In addition, the Exchange proposes to make clear
the role of Initiating Officials in the review of market conditions
when a security is in

``non-firm mode.''\139\ Further, NYSE Rule 60 clarifies the role of
Initiating Officials when the Exchange quotation is not available for
automatic execution.
---------------------------------------------------------------------------

    \138\ The Exchange has proposed similar conforming amendments to
NYSE Rules 36 and 460.
    \139\ See July 17th e-mail, supra note 3.
---------------------------------------------------------------------------

    NYSE Rule 79A.15(6) is proposed for deletion as ``all or none''
orders are no longer valid order types on the Exchange. Similarly, NYSE
Rule 104A.20 (Specialists exchanging names) and 104A.30 (Specialists
``stopping'' stock on book) are proposed for deletion. These provisions
relate to practices that were utilized when the Exchange had a system
of competing specialists. Neither of these practices currently occurs
on the Exchange.
    The Exchange further proposes to amend NYSE Rules 61, 118.30, 122,
123B, 123C, 902, 904 and 906 to reflect that orders are entered on the
Exchange or transmitted to the Display Book rather than presented to
the specialist.
    NYSE Rule 63.10 will be amended to remove the phrase ``in the hands
of the specialist and odd-lot dealers,'' as that phrase no longer
accurately reflects the Exchanges current more electronic trading
environment. Similarly, NYSE Rule 79A.15 (``Miscellaneous Requirements
on Stock Market Procedures'') will be amended to substitute the phrase
``Exchange BBO'' for ``specialist's bid or offer'' and to make
conforming changes. The Exchange further proposes to delete the
procedures described in NYSE Rule 79A.20, as the procedure described is
no longer used. The Exchange proposes to amend current NYSE Rule 70
(``Bids and Offers'') to have the title more accurately reflect the
subject matter of the rule. As such, it is proposed that NYSE Rule 70
be titled ``Execution of Floor Broker Interest.'' The Exchange further
proposed to move the first two paragraphs of NYSE Rule 70 and Rule
70.10 to NYSE Rule 71 (``Precedence of Highest Bid and Lowest Offer'')
as the Exchange believes the subject matter in those paragraphs
(establishing bids and offers) is more properly addressed in that rule.
    NYSE Rule 85 ``Cabinet Securities'' is proposed for deletion as the
Exchange no longer has securities dealings by means of cabinets.
    Conforming changes are proposed to NYSE Rule 123A.71 to change the
word ``specialist'' to ``members.'' NYSE Rule 123A.72 is proposed for
deletion because that rule served only to make NYSE Rule 123A.71
applicable to Floor brokers and the proposed amendment to NYSE Rule
123A.71 makes it unnecessary.
    The Exchange further proposes to delete Supplementary Material .22
of NYSE Rule 123A as there are no longer odd-lot brokers operating on
the Exchange. NYSE Rule 123A.25 (``Standard Machine Order Forms'') is
also proposed for deletion as it is no longer applicable in the current
automated trading environment. Moreover, NYSE Rules 123D subparagraph
(1) and 299A subparagraph (2) are also proposed for deletion because
DMMs will, similar to current specialists, not be allowed to ``stop''
stock.\140\
---------------------------------------------------------------------------

    \140\ See July 16th e-mail, supra note 101.
---------------------------------------------------------------------------

    The Exchange further proposes to amend NYSE Rule 91 (``Taking or
Supplying Securities Named In Order'') to delete Supplementary Material
.20, because the Exchange will no longer have specialists. NYSE Rule
91.20 under Supplementary Material provides for the executions as
principal of orders for accounts carried or serviced by specialist
organizations. The Exchange does not propose to allow DMM units to
carry or service customer accounts and therefore this portion of the
rule is proposed for deletion.
    In addition to designating current Rule 104 as Rule 104T and making
conforming changes, the Exchange proposes a number of clarifications to
describe changes to the text of the Rule. In Rule 104(b)(iii)(B), the
exchange proposes to replace ``published best bid or offer'' with the
defined term ``BBO,'' when referring to the Exchange published best bid
or offer. Similarly, the Exchange proposes to replace ``best bid and
offer'' with ``BBO'' in Rule 104(c)(viii). In NYSE Rule 104T (b)(i) and
(d)(i), the Exchange proposes to clarify that DMMs may have reserve
interest at the Exchange best bid or offer by substituting the word
``or'' for ``and'' in the phrase ``Exchange best bid and offer.''
    Conforming amendments to sections (9) (a) and (b) of Rule 440G
(Transactions in Stocks and Warrants for the Accounts of Members,
Allied Members and Member Organizations) are proposed.
    Conforming amendments are proposed to NYSE Rule 1000 in order to
reflect that the order size eligibility, on the Exchange is up to a
maximum of 6,500,000 shares.

(f) Implementation Schedule

    The proposed amendments herein require the Exchange to make
significant modifications to Exchange systems. Such modifications must
be done over time. The Exchange therefore proposes that amendments
approved herein be implemented over time pursuant to the schedule
outlined below.
(1) Non-Pilot Rules
    The Exchange proposes that upon Commission approval of the instant
filing, that the amendments to NYSE Rules 13 be permanent rules of the
Exchange. Specifically, the establishment of Reserve Order types on the
Exchange and the rescission of CAP orders as viable order types on the
Exchange would be approved established as permanent changes to the NYSE
rulebook. Similarly, all conforming changes to other Exchange rules to
all Floor brokers and DMMs to use equivalent reserve order
functionality are established as permanent changes to the NYSE
rulebook.
    In addition, the Exchange proposes that amendments to NYSE Rules 2
and 103 establishing the DMMs and DMM units be also approved as
permanent changes to the NYSE rulebook.
    The Exchange further proposes that upon Commission approval of the
instant filing that amendments to NYSE Rule 70 that: (i) Allow for the
publication of Floor broker interest to Open Book; (ii) provide for the
availability for additional liquidity on the Exchange by allowing d-
Quote instructions to be active during the open and close; and (iii)
offer additional opportunities for price improvement by allowing d-
Quotes to trade with non-marketable IOC orders be approved as a
permanent change to the NYSE rulebook.
(2) Pilot Rules
    The Exchange further proposes to commence the New Model Pilot,
subject to Commission approval, at which time, proposed NYSE Rule 72
and proposed NYSE Rule 104T will become effective.\141\ The New Model
Pilot will operate for a period of approximately one year and will be
scheduled to end on September 1, 2009 or such earlier time as the
Commission may determine to make the New Model Pilot rules permanent.
---------------------------------------------------------------------------

    \141\ Proposed NYSE Rule 104T will operate until October 14,
2008.
---------------------------------------------------------------------------

    During the operation of the New Model Pilot, all market
participants will have the ability to receive executions on an equal
basis (``parity'')\142\ with other interest available at that price. It
is anticipated that until October 14, 2008, DMMs will still receive
order information about orders that are at or between the Exchange
quote. DMMs must abide by their affirmative

obligations, meeting his or her requirements to maintain displayed bids
and offers at the NBBO and re-enter liquidity pursuant to NYSE Rule
104T. Beginning October 15, 2008, DMMs will no longer be subject to a
negative obligation.
---------------------------------------------------------------------------

    \142\ ``Parity'' refers to the allocation of shares in an
execution on an equal basis among all participants to a transaction.
A fuller description of parity is included in subsection (d)(2) of
Proposed New Market Model.
---------------------------------------------------------------------------

    Commencing on October 15, 2008, NYSE Rule 104T will cease operation
and new NYSE Rule 104 will supersede it. As of October 15, 2008 the DMM
will no longer receive any order by order information. DMMs will then
be permitted to transmit CCS interest to the Display Book to trade at
price points outside, at, and inside the Exchange BBO. The new Rule 104
and the portions of Rule 1000 relating to CCS interest of DMMs are
subject to the Pilot that is scheduled to run until September 1, 2009.
    During the operation of the New Model Pilot, the Exchange is
committed to providing the Commission's Division of Trading and Markets
and the Office of Economic Analysis with statistics related to market
quality, trading activity, and sample statistics as requested by the
Commission.

(g) Conclusion

    The Exchange believes that the New Model will allow the Exchange to
further enhance the speed of execution currently enjoyed by Exchange
customers in the current more electronic trading environment on the
Floor while providing the additional anonymity of execution sought by
market participants.
    The Exchange believes that the proposed modifications will provide
a trading environment where market participants are competing on more
equal footing relative to their responsibilities to the market. In
providing certain functionality to one market participant and not
another the Exchange acknowledges the reality that a level playing
field is not created by treating unlike participants the same. DMMs,
Floor brokers and Off-Floor participants do not have the same
responsibilities to the market.
    A DMM's ability to trade is constrained by his or her
responsibility to cushion market volatility and to replenish liquidity
when the DMM trades for his or her own account to establish or increase
a position by reaching across the market to trade with the Exchange's
published bid or offer. Similarly the Floor broker is constrained in
his or her ability to trade for his or her account at the point of sale
pursuant SEC Rule 11(a) described above. None of these responsibilities
is imposed on the Off-Floor participant. Off-Floor participants are
therefore able to trade unfettered by the constraints of market
responsibilities.
    However, DMMs, Floor brokers and Off-Floor participants have access
to the same market information, although in certain instances Off-Floor
participants may be privy to information available about an order that
is being ``shopped'' off the Floor. Moreover, armed with equal
information, in certain instances more than DMMs and Floor brokers, the
Off-Floor participant uses a computer program for entering orders that
employs an algorithm to decide the venue, timing, price, or even the
final quantity of the orders to be sent to the market center for
execution. In this manner, Off-Floor participants are able to break up
a large trade into several smaller trades to manage their risk by
having little to no market impact. The Exchange submits that a
significant portion of executions on equities markets are the result of
the use of algorithms.
    The Exchange further submits that the proposed New Model will allow
the Exchange to continue to provide a quality market that maintains a
competitive market maker responsible for providing liquidity to the
market when there is a recognized need for additional liquidity. DMMs
will bridge the gap between supply/demand by purchasing when no one
else is buying or selling when no one else is selling and by overall
maintaining a fair and orderly market.
    The New Model will allow the Exchange to maintain the element of
human judgment that is particularly valuable in less liquid securities,
at openings (re-openings), closings, and in order to trade out of Gap
quote and LRP situations that would lock and cross the market. The
Exchange further believes that the New Model will allow the Exchange to
continue to make quality markets in securities during times of
uncertainty, such as when an earnings surprise, news, or an outside
event leads to market volatility and/or instability. In these
situations, DMMs will act as a liquidity provider to reduce volatility,
thus stabilizing prices, and maintaining a fair and orderly market that
is the hallmark of the NYSE.
2. Statutory Basis
    NYSE believes that the proposed rule change is consistent with
Section 6(b) of the Act \143\ in general, and the requirement in
Section 6(b)(5) of the Act,\144\ in particular, that the rules of an
exchange be, among other things, 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. The Exchange
believes the proposed rule change is consistent with these principles
in that it seeks to assure economically efficient execution of
securities transactions, make it practicable for brokers to execute
investors' orders in the best market and provide an opportunity for
investors' orders to be executed without the participation of a dealer.
The Exchange further believes that the proposed New Model will increase
the speed and efficiency of automatic execution on the NYSE and create
a trading environment where market participants compete more equally.
---------------------------------------------------------------------------

    \143\ 15 U.S.C 78f(b).
    \144\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    The proposed amendments reflect significant changes to the
structure of the Exchange's market. As such, there have been numerous
valuable discussions with Exchange customers, members, and member
organizations concerning the concepts underlying these proposals.
Specifically, there have been discussions concerning the structure and
functioning of the new market model received from various
constituencies of the Exchange. For example, current specialists and
specialist member organizations commented on the nature of the duties
and responsibilities of the DMM in the new model through a review of
the current duties and responsibilities of today's specialists. This
resulted in several suggestions that were made part of proposed Rules
104 with respect to duties and obligations of DMMs, Rule 72 with
respect to parity allocation of executions and amendments to Rule 1000
with respect to the functioning of the Capital Commitment Schedule
interest to be entered by DMMs. Customers of the Exchange provided
input on the proposed revisions to the Reserve Orders (Rule 13) and
parity allocation of executions. In certain instances, member
organizations have provided written comment to draft rule text. Where
necessary, those comments

have been addressed in modifications to the original proposal.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which NYSE consents, the Commission will:
    (A) By order approve such proposed rule change; or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-46 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-NYSE-2008-46. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices 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-2008-46 and should be
submitted on or before August 13, 2008.
---------------------------------------------------------------------------

    \145\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\145\
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-16823 Filed 7-22-08; 8:45 am]

BILLING CODE 8010-01-P


AIS/BABA Waiver Request Form Instructions

WIFIA borrowers seeking a waiver to American Iron and Steel (AIS) or the Build America Buy America (BABA) requirements should complete and submit this form and provide requested attachments to the WIFIA Program. Waivers should only be sought when all avenues of procuring AIS-compliant or BABA-compliant products have been exhausted. In many cases, a borrower may find that an availability waiver is not needed.

WIFIA borrowers must comply with either the AIS or BABA requirements. Under the AIS requirements, borrowers must install iron and steel products that are produced in the U.S. for the project. Under the BABA requirements, borrowers must install iron and steel products, manufactured products and construction materials that are produced in the U.S. for the project. The WIFIA statute allows the EPA to grant project waivers in specific circumstances: (1) if the requirement is inconsistent with the public interest; (2) if the products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) if the products will increase the cost of the project by 25% or more.

Borrowers may submit a request for a public interest, product availability or cost waiver from either the AIS or BABA requirements. Borrowers should answer all the questions in this form and submit all required attachments pertaining to the type of waiver request they are submitting (i.e. public interest, product availability, or cost). The borrower's authorized representative must sign the form. Borrowers do not need to submit this waiver request form for approved program waivers, national waivers or EPA agency-wide waivers. This waiver request form applies to project-specific waiver requests only.

When finished, this waiver request form and attachments may be submitted by emailing the form to<EMAIL_ADDRESS>with the subject line "[NAME OF BORROWER/PROSPECTIVE BORROWER]  -  [NAME OF PROJECT]  -  AIS/BABA Waiver Request Form". Upon receipt of the form, the WIFIA program will provide a confirmation email to the contacts listed in the form.

More information about the AIS and BABA requirements are available in the Borrower Guide to Federal Requirements. ___________________________________________________________________________________ Burden The public reporting and recordkeeping burden for this collection of information is estimated to average 15 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, included through the use of automated collection techniques to the Director, Regulatory Support Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. ___________________________________________________________________________________ Warning Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by EPA. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution.  See, for example, 18 U.S.C. §1001. _________________________________________________________________________________

Additional information about the WIFIA program and the letter of interest form is available at https://epa.gov/wifia and by contacting<EMAIL_ADDRESS> AIS/BABA Waiver Request Form Provide the following information in this form or as an attachment.

Borrower and Project Information

 Legal name of borrower or prospective borrower and WIFIA Loan ID:        ______________________________________________________________________________

 WIFIA Project name:        ______________________________________________________________________________         Waiver Request Contact List. Provide the names and email addresses of all person(s) who should be contacted in regards to this waiver request:

______________________________________________________________________________

Waiver Request Information

 Under which domestic preference requirements is the waiver being requested? Please select only one. If applying for a waiver under BABA, there is no need to apply for a separate waiver under AIS.

 AIS  BABA

 Type of waiver being requested:

 Product Availability  Public Interest  Cost

 Briefly explain the need for a waiver:

______________________________________________________________________________

 For product availability waiver requests, provide the information below on each product for which the waiver is being requested and attach a copy of the relevant technical specifications for the product to this form.

 Product Name  Material Type and Size(s) Needed  Unit Cost of non-domestic alternatives being considered  Unit Cost of domestic alternatives identified (if any)  Estimated Quantity of the product that is needed  Date the Product is needed for install

 For product availability waiver requests, describe the efforts made to source products compliant with AIS or BABA. The narrative may include a list of manufacturers or suppliers contacted and responses received. Include any email correspondence with manufacturers or suppliers as an attachment to this form.

______________________________________________________________________________

 For public interest waiver requests, please provide a brief explanation why compliance with AIS or BABA is not in the public's interest. Public interest waivers may be requested for the entire project or for specific products. If the waiver is being requested for specific products, please include a list of the products in the narrative.

______________________________________________________________________________

 For cost waiver requests, identity the total project cost without AIS or BABA requirements and demonstrate that the total project cost increases by more than 25 percent with the requirements. Include supporting costs documentation, such as itemized cost estimates comparing projects costs with either AIS or BABA requirements versus without the requirements, as an attachment to this form.  ______________________________________________________________________________

 For all waiver requests, identify the total estimated material costs of the project:

______________________________________________________________________________

Signature:  The undersigned is an authorized representative of the (prospective) borrower. By signing below, the undersigned is certifying that the borrower or prospective borrower made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the designer and prime contractor(s). Signature: __________________________________ Date Signed: ____________________

   Name:  		______________________________________________________    Title:  		______________________________________________________    Organization:  	______________________________________________________    Phone:  		______________________________________________________    E-mail:  		______________________________________________________


Comment Info: =================

General Comment:To Whom it May Concern:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

This regulation could affect thousands of lives.  E-cigarettes have successfully weaned and completely eliminated peoples need and want to smoke combustible cigarettes without the harmful additives and poisons that regular cigarettes contain.  I myself breathe easier and don’t have the smokers cough that I once had.  The flavors added to the liquids are refreshing and do not give you smokers breathe.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Sincerely, Lori Trueblood Fort Worth, TX


OMB Control No. 2060-0347

Attachment to Partnership Letter

Organization Information

	Chief Executive				Energy Manager

	Name & Title:	_______________________	Name & Title: _______________________

	Mailing Address:	_______________________	Mailing Address: _______________________

			_______________________			_______________________

_______________________			_______________________

	E-mail Address:	_______________________	E-mail Address: _______________________

	Phone Number:	_______________________	Phone Number: _______________________

	Facsimile:	_______________________	Facsimile:	_______________________

	Communications Contact

	Name & Title:	_______________________

	Mailing Address:	_______________________

			_______________________

			_______________________

	E-mail Address:	_______________________

	Phone Number:	_______________________

	Facsimile:	_______________________

Organization’s Primary Business or Function (check one):

□	Commercial Real Estate

	□	Corporate Real Estate

	□	Multifamily Housing, include:

				_____ Number of units owned/managed

□	K-12 Education

□	Higher Education

	□	State Government

		□	Local Government

		□	Federal Government

		□	Healthcare & Senior Care Facilities

	□	Hospitality & Entertainment

	□	Manufacturing/Industrial, include:

				_____ NAICS code

				_____ Number of Manufacturing Plants Operated in the United States

				_____ Number of Employees in the United States

	□	Religious (Congregations)

		□	Retail

	□	Drinking Water Treatment and Distribution, include:

_____ Total Capacity (mgd)

	□	Wastewater Treatment, include:

_____ Total Capacity (mgd)

	□	Other.  Describe:	_____________________________________

	Organization’s total building/facility square footage (required):

		Owns		_____________________________________

		Leases		_____________________________________

		Manages 	_____________________________________

	How did you learn about Energy Star?

	_________________________________________________彟彟彟彟彟彟彟 彟彟彟彟彟彟彟彟彟彟彟ऍ彟彟彟彟彟彟彟彟彟彟彟彟 彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟彟 彟彟彟彟彟彟ൟ

7

8

`

a

…

§

¼

½

# h

7

`

„

…

¾

@

h

’

À

态ú摧ݤ|ᔀ½

¾

@

B

j

l

”

–

Â

Ä

The public reporting burden for this collection of information is estimated to average 30 minutes per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.

EPA Form 5900-19


[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18523-18524]
[FR Doc No: 2017-07888]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0015]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its denial of 114 applications from
individuals who requested an exemption from the Federal vision standard
applicable to interstate truck and bus drivers and the reasons for the
denials. FMCSA has statutory authority to exempt individuals from the
vision requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemptions does
not provide a level of safety that will be equivalent to, or greater
than, the level of safety maintained without the exemptions for these
commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal vision standard for a renewable 2-year period if it
finds ``such an exemption would likely achieve a

level of safety that is equivalent to or greater than the level that
would be achieved absent such an exemption.'' The procedures for
requesting an exemption are set forth in 49 CFR part 381.
    Accordingly, FMCSA evaluated 114 individual exemption requests on
their merit and made a determination that these applicants do not
satisfy the criteria eligibility or meet the terms and conditions of
the Federal exemption program. Each applicant has, prior to this
notice, received a letter of final disposition on the exemption
request. Those decision letters fully outlined the basis for the denial
and constitute final Agency action. The list published in this notice
summarizes the Agency's recent denials as required under 49 U.S.C.
31315(b)(4) by periodically publishing names and reasons for denial.
    Drew S. Buss (IN), does not have sufficient driving experience of
the past 3 years under normal highway operating conditions (limited
hours).
    The following 33 applicants had no experience operating a CMV:

Teressa J. Banaei (OH)
Edmund J. Burke (WI)
Charles K. Collins (ID)
Jermaine B. Davis (NY)
Bryan G. Felling (MN)
John T. Ferguson (IN)
Lee J. Gaffney (OH)
Porfirio Guzman (NY)
Davey Harris (IL)
Casey G. Harvie (CO)
Jay A. Hendrick (TX)
Clayton S. Howard (IL)
Michael J. Klein (IA)
Lonnie R. Liles (MI)
Anthony R. Lomangino (CT)
Jonathan Marin (NJ)
Peter Markee (NJ)
Michael D. Mitchell (OK)
Jack T. Moyers (GA)
Christopher C. Mullings (CT)
Michael C. Pitt (MI)
Antonio J. Potts (FL)
Bruce A. Robinson (GA)
Larry D. Robinson (GA)
David A. Rossman (IL)
Derrick P. Rotherham (OR)
Jerry W. Sennett (OK)
Frances M. Simmonette (PA)
Jacob A. Smith (TN)
Clifford C. Stamm (CT)
Jerry Vance (IL)
Jeffrey Varner (NC)
Nathaniel C. Volk (IL)

    The following 11 applicants did not have 3 years of experience
driving a CMV on public highways with their vision deficiencies:

Norman E. Howes (MN)
Jose A. Mercedes (OH)
Charles W. Ohman (IA)
Jay S. Peck (WA)
Timothy J. Shaver (IA)
Robert F. Swartrout (OR)
Robert J. Trinkle (PA)
Clifford B. Webb III (VA)
Richard E. Wells (CA)
John A. Wilbert (OH)
Leslie M. Wilson (MO)

    The following 6 applicants did not have 3 years of recent
experience driving a CMV with the vision deficiency:

Ahmed M. Gutale (MN)
Deborah Hughes (CA)
Mia T. Jones (DC)
Jimmy R. Kite (TN)
Mariano Marez (NM)
Marlin D. Stoltzfus (PA)

    The following 11 applicants did not have sufficient driving
experience during the past 3 years under normal highway operating
conditions (gaps in driving record):

Baltazar Arreola-Evangelista (GA)
Paul R. Beckett (MN)
Larry G. Bell (MI)
Joseph S. Byler (NC)
Darin V. Davis (MD)
William G. Gamble (IN)
Jonathen M. Gilligan (NY)
Roger D. Grunert (KS)
Sait Hernandez (UT)
David G. Segall (WY)
Benjamin H. Tafolla (IL)

    The following applicant 2 applicants were charged with moving
violations in conjunction with CMV accidents:

Randol C. Hoefner (WI)
Mark A. Matthies (IL)

    The following 3 applicants did not have optometrists or
ophthalmologists willing to make statements that they are able to
operate CMVs from a vision standpoint:

Joshua Kline (PA)
Robert E. McMahon (NV)
Jeremy E. Studebaker (IN)

    The following 7 applicants were denied for multiple reasons:

Arcardio D. Booze (MD)
Cody R. Chase (VT)
Tammy C. Clark (FL)
Scott R. Engler (KY)
Richard Ikey (OH)
Tyler J. Lung (OR)
Jorge Maldonado (NY)

    The following 8 applicants have not had stable vision for the
preceding 3-year period:

Hani Abiyounes (CA)
William H. Baelz (IN)
Richard W. Boger (MD)
Jason A. Holland (IA)
Michael Lendzin (NY)
Eugene R. Ruchti (MN)
Francis J. Toth (PA)
Tim R. Washburn (AZ)

    Jason J. Merrifield (IA) does not meet the vision standard in his
better eye.
    The following 11 applicants met the current federal vision
standards. Exemptions are not required for applicants who meet the
current regulations for vision:

Jose Francisco Briones Hernandez (FL)
Dylan Incha (WI)
Bradley A. Katzenberger (IA)
Preston J. Lefeber (WI)
Kenneth Meyer (TN)
Haley J. O'Neal (GA)
Barbara A. Pace (TX)
Duffield M. Rose (SC)
John P. Smith (MD)
Mark A. Walters (NC)
David E. Zetsch (TN)

    The following 2 applicants drove interstate while restricted to
intrastate driving:

Gary K. Sparks (NC)
William E. Tyler (IL)

    The following 17 applicants will not be driving interstate,
intrastate commerce, or are not required to carry a DOT medical card:

Timothy J. Baszak (NJ)
Daniel A. Bell (MD)
George U. Clendenny (IN)
Jerry Collado (NY)
John D. Davidson (TX)
Nicholas P. Graab (WI)
Donald N. Hjuler (IA)
Gary N. Keathley (AR)
Roy L. Long (OK)
Jacqueline A. Mason (TN)
Michael D. Mattingly (KY)
William W. Nichols (NV)
Angel A. Rizo (CA)
Brian T. Sullivan (NY)
Timothy Tupa (MN)
James P. Weir (FL)
Kevin E. Wenndt (IA)

    Yolanda P. Davis (NJ) performs transportation for the Federal
government, state, or any political sub-division of the state.

     Issued on: April 11, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-07888 Filed 4-18-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Page 77817]
[FR Doc No: 2011-31647]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-9329-1]

Access to Confidential Business Information by CGI Federal, Inc.
and Subcontractor, Innovate, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has authorized its contractor, CGI Federal Inc. (CGI) of
Fairfax, VA, and subcontractor, Innovate, Inc. of Alexandria, VA, to
access information which has been submitted to EPA under all sections
of the Toxic Substances Control Act (TSCA). Some of the information may
be claimed or determined to be Confidential Business Information (CBI).

DATES: Access to the confidential data will occur on or about November
23, 2011.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Pamela Moseley, Information Management Division (7407M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8956; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this notice apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2003-0004. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

II. What action is the agency taking?

    Under EPA contract number GS-35F-4797H, Task Order Number EP-G11D-
00168, contractor CGI of 12601 Fair Lakes Circle, Fairfax, VA, and
subcontractor, Innovate, Inc. of 5835 Valley View Drive, Alexandria,
VA, will assist the Office of Pollution Prevention and Toxics (OPPT) by
conducting routine system administration (SA) and database
administration (DBA) as required to support OPPT computer applications,
OPPT staff, and their development staff. Specific types of duties will
be configuration changes, assistance in backups/restoration of data,
installation of operating systems maintenance, database maintenance,
troubleshooting problems, and security fixes. In accordance with 40 CFR
2.306(j), EPA has determined that under EPA contract number GS-35F-
4797H, Task Order Number EP-G11D-00168, CGI and subcontractor,
Innovate, Inc. will require access to CBI submitted to EPA under all
sections of TSCA to perform successfully the duties specified under the
contract. CGI and Innovate, Inc.'s personnel will be given access to
information submitted to EPA under all sections of TSCA. Some of the
information may be claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide CGI and Innovate, Inc.
access to these CBI materials on a need-to-know basis only. All access
to TSCA CBI under this contract will take place at EPA Headquarters and
the Research Triangle Park facilities in accordance with EPA's TSCA CBI
Protection Manual.
    Access to TSCA data, including CBI, will continue until September
30, 2016. If the contract is extended, this access will also continue
for the duration of the extended contract without further notice.
    CGI and Innovate, Inc.'s personnel will be required to sign
nondisclosure agreements and will be briefed on appropriate security
procedures before they are permitted access to TSCA CBI.

List of Subjects

    Environmental protection, Confidential business information.

    Dated: December 1, 2011.
Matthew G. Leopard,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2011-31647 Filed 12-13-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4280-4281]
[FR Doc No: 2016-01467]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12470-010]

City of Broken Bow, Oklahoma; Notice of Application Accepted for
Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Surrender of License.
    b. Project No.: 12470-010.
    c. Date Filed: December 21, 2015.
    d. Licensee: City of Broken Bow, Oklahoma.
    e. Name of Project: Broken Bow Re-regulation Dam Hydropower
Project.
    f. Location: The unconstructed project was licensed to be located
at the U.S. Army Corps of Engineers Broken Bow Re-regulation Dam on the
Little River, near the town of Broken Bow, McCurtain County, Oklahoma.
    g. Filed Pursuant to: 18 CFR 6.2.
    h. Licensee Contact: Mr. Larry Bachman, City of Broken Bow, 210
North Broadway, Broken Bow, Oklahoma 74728, Telephone:<PHONE_NUMBER>.
    i. FERC Contact: Jennifer Polardino,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, interventions and protests is 30
days from the issuance date of this notice. The Commission strongly
encourages electronic filing. Please file motions to intervene,
protests and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.

The first page of any filing should include docket number P-12470-010.
    k. Description of Project Facilities: The unconstructed project is
authorized to be located on the downstream side of the U.S. Army Corps
of Engineers Broken Bow Re-Regulation Dam. The project license approved
the following new facilities: (1) Three steel 93.5-foot-long penstocks
inside the 10-foot-diameter outlet conduit; (2) trashracks; (3) a 112-
foot-wide by 23-foot-long powerhouse containing three generating units
having a total installed capacity of 4.0 megawatts; (4) a tailrace
returning flows to the Little River; (5) a 1,891-foot-long, 13.5-
kilovolt (kV) primary transmission; and (6) appurtenant facilities.
    l. Description of Proceeding: On December 21, 2015, the City of
Broken Bow, Oklahoma filed an application to surrender the license for
the unconstructed Broken Bow Re-Regulation Dam Hydropower Project. In
its filing, the licensee states the project is not financially feasible
or constructible because it is unable to enter into a power sales
agreement to sell project energy.
    m. This filing may be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or email<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction in the Commission's Public Reference Room located at 888
First Street NE., Room 2A, Washington, DC 20426, or by calling (202)
502-8371.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.212 and .214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    p. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    q. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If any agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: January 20, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-01467 Filed 1-25-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Page 16005]
[FR Doc No: 2023-05202]

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

ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-07-2023-0005; FRL-10752-01-R7]

Proposed CERCLA Settlement Agreement for the Newton County Mine
Tailings Superfund Site, Newton County, Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (``CERCLA''), notice
is hereby given by the U.S. Environmental Protection Agency (``EPA''),
Region 7, of a proposed settlement agreement (``Agreement'') with
Environmental Quality Management, Inc. (``EQM'') for the Newton County
Mine Tailings Superfund Site (``Site''), Newton County, Missouri.

DATES: Comments must be received on or before April 14, 2023.

ADDRESSES: You may send comments by email to Kate Curl at
[email protected] or by mail to Kate Curl, U.S. EPA, Office of Regional
Counsel, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments should
reference the Newton County Mine Tailings Superfund Site, CERCLA
Section 122(h) Settlement Agreement, Docket No. CERCLA-07-2023-0005.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may
be obtained from Kate Curl, Attorney, Office of Regional Counsel, U.S.
EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Under the proposed CERCLA section 122(h)
settlement agreement, Environmental Quality Management, Inc. agrees to
reimburse EPA for $1,678,330.40 plus an additional sum of interest on
that amount calculated from May 12, 2022, through the date of payment
for past response costs incurred in connection with EQM's disposal of
lead-contaminated backfill soil in Granby City Park in September and
October 2016 as part of its work as a contractor to remediate areas of
the Newton County Mine Tailings Superfund Site. EQM's placement of
contaminated backfill in Granby City Park required EPA, between July
2020 and March 2021, to re-remediate approximately 43% of the Granby
City Park area that EQM had already remediated causing EPA to incur
additional response costs.
    For thirty (30) days following the date of publication of this
document, EPA will receive written comments relating to the proposed
agreement. EPA will consider all comments received and may modify or
withdraw its consent to the proposed agreement if comments received
disclose facts or considerations that indicate that the proposed
agreement is inappropriate, improper, or inadequate. EPA's response to
any comments received will be available for public inspection at the
EPA Region 7 Office, located at, 11201 Renner Boulevard, Lenexa, Kansas
66219.

Robert D. Jurgens,
Director, Superfund & Emergency Management Division, U.S. Environmental
Protection Agency, Region 7.
[FR Doc. 2023-05202 Filed 3-14-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48980-48982]
[FR Doc No: 2014-19548]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0704]
RIN 1625-AA00

Safety Zone, Aquarium Wedding, Delaware River; Camden, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Delaware River in Camden, NJ. The safety zone will
restrict vessel traffic on a portion of the Delaware River from
operating while a fireworks event is taking place. This temporary
safety zone is necessary to protect the surrounding public and vessels
from the hazards associated with a fireworks display.

DATES: This rule is effective on September 6, 2014 from 8:30 p.m. to
10:00 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0704]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Brennan Dougherty, U.S. Coast
Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule as publishing an NPRM is impracticable given
that the final details for this event were not received by the Coast
Guard until July 12, 2014, and this event is scheduled for September 6,
2014. Further, allowing this event to go forward without a safety zone
in place would expose mariners and the public to unnecessary dangers
associated with fireworks displays contrary to the public interest. For
the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    On the evening of September 6, 2014, fireworks will be launched
from a barge with a fall out zone that covers part of the Delaware
River. The Captain of the Port, Sector Delaware Bay, has determined
that the Aquarium Wedding Fireworks Display will pose significant risks
to the public. The purpose of the rule is to promote public and
maritime safety during a fireworks display, and to protect mariners
transiting the area from the potential hazards associated with a
fireworks display, such as accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris.

C. Discussion of the Final Rule

    To mitigate the risks associated with the Aquarium Wedding
Fireworks Display, the Captain of the Port, Sector Delaware Bay will
enforce a temporary safety zone in the vicinity of the launch site. The
safety zone will encompass all waters of the Delaware River within a
130 Yard radius of the fireworks launch platform in approximate
position 39[deg]56'44'' N, 075[deg]08'00'' W in Camden, NJ. The safety
zone will be effective and enforced from 8:30 p.m. until 10:00 p.m. on
September 6, 2014. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port,
Sector Delaware Bay, or her on-scene representative. The Captain of the
Port, Sector Delaware Bay, or her on-scene representative may be
contacted via VHF channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) The Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels may still be permitted to transit through the safety zone with
the permission of the Captain of the Port on a case-by-case basis; and
(iii) this rule will be enforced for only the duration of the fireworks
display.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to anchor or transit along a portion of Delaware River in
Camden, NJ, from 8:30 p.m. until 10:00 p.m. on September 6, 2014,
unless cancelled earlier by the Captain of the Port once all operations
are completed.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: Vessel
traffic will be allowed to pass through the zone with permission of the
Coast Guard Captain of the Port Delaware Bay or her designated
representative and the zone is limited in size and duration. Sector
Delaware Bay will issue maritime advisories widely available to users
of the Indian River Bay.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one

of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR Part 165, applicable to
safety zones on the navigable waterways. This zone will temporarily
restrict vessel traffic from transiting the Indian River Bay along the
shoreline of Camden, New Jersey, in order to protect the safety of life
and property on the waters for the duration of the fireworks display.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add temporary Sec.  165.T05-0704 to read as follows:

Sec.  165.T05-0704  Safety Zone, Aquarium Wedding, Delaware River;
Camden, NJ.

    (a) Regulated area. The following area is a safety zone: All waters
of Indian River Bay within a 130 yard radius of the fireworks launch
platform in approximate position 39[deg]56'44'' N, 075[deg]08'00'' W in
Camden, NJ.
    (b) Enforcement period. This rule will be enforced from 8:30 p.m.
to 10:00 p.m. on September 6, 2014, unless cancelled earlier by the
Captain of the Port once all operations are completed.
    (c) Regulations. All persons are required to comply with the
general regulations governing safety zones in Sec.  165.23.
    (1) All persons or vessels wishing to transit through the Safety
Zone must request authorization to do so from the Captain of the Port
or her designated representative one hour prior to the intended time of
transit.
    (2) Vessels granted permission to transit must do so in accordance
with the directions provided by the Captain of the Port or her
designated representative to the vessel.
    (3) To seek permission to transit the Safety Zone, the Captain of
the Port's representative can be contacted via marine radio VHF Channel
16.
    (4) This section applies to all vessels wishing to transit through
the Safety Zone except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (5) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (7) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
    (8) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commander of
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the Safety Zone by Federal, State, and local
agencies.

    Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2014-19548 Filed 8-18-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 11, 2006 (Volume 71, Number 196)]
[Notices]
[Page 59761]
[DOCID:fr11oc06-57]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-461-000]

Northern Natural Gas Company; Notice of Application

October 3, 2006.
    Take notice that on September 20, 2006, Northern Natural Gas
Company (Northern), 1111 South 103rd Street, Omaha, Nebraska 68124,
filed in Docket No. CP06-461-000, an application pursuant to section 7
of the Natural Gas Act (NGA) to increase the certificated storage
capacity of the Redfield Storage Field located in Dallas County, Iowa
by 2.102 Bcf to 124.102 Bcf, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. This filing may be also viewed on the Web at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, call<PHONE_NUMBER> or TTY, (202) 502-
8659.
    Any questions regarding this application may be directed to Michael
T. Loeffler, Director of Certificates for Northern, 1111 South 103rd
Street, Omaha, Nebraska 68124,<PHONE_NUMBER> or Bret Fritch, Senior
Regulatory Analyst, at<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, before the
comment date of this notice, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link.
    Comment Date: October 24, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16760 Filed 10-10-06; 8:45 am]

BILLING CODE 6717-01-P