			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 9, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-96-1359

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  British Airways PLC  							Date Filed:  October 22, 2004

Relief requested: Renew exemption 49 U.S.C. § 41301 to conduct
scheduled foreign air transportation of persons, property, and mail
between United Kingdom, on the one hand, and Sacramento, CA, on the
other hand, via its Phoenix gateway, for a period of two years.  British
Airways will conduct these services pursuant to its code-share
arrangement with America West Airlines, Inc.

If renewal, date and citation of last action:  October 24, 2002, in this
docket

Applicant representatives: Don H. Hainbach & Erin M. Tallardy  (202)
776-3970

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None

DISPOSITION

Action: Approved									Action date:  November 9, 2004

Effective dates of authority granted:  November 9, 2004 – November 9,
2006

Basis for approval (bilateral agreement/reciprocity): U.S.-U.K. aviation
agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

    X   Standard exemption conditions (attached)            X   Foreign
air carrier permit conditions (Order 96-9-35)

     X   Statement of Authorization dated October 3, 2002, in Docket
OST-2001-9973, approving the America West/British Airways code-share
services, and conditions therein.

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

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

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland; except
as otherwise provided for in the U.S.-U.K. Air Services Agreement;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

05/2004


[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Rules and Regulations]
[Pages 34634-34639]
[FR Doc No: 2020-11419]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0038]
RIN 1625-AA08

Special Local Regulations; Sector Ohio Valley Annual and
Recurring Special Local Regulations Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending and updating its special local
regulations relating to recurring marine parades, regattas, and other
events that take place in the Coast Guard Sector Ohio Valley area of
responsibility (AOR). This rule informs the public of regularly
scheduled events that require additional safety measures through the
establishing of a special local regulation. Through this rulemaking the
current list of recurring special local regulations is updated with
revisions, additional events, and removal of events that no longer take
place in Sector Ohio Valley's AOR. When these special local regulations
are enforced, certain restrictions are placed on marine traffic in
specified areas.

DATES: This rule is effective June 8, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0038 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Riley Jackson, Sector Ohio Valley, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Captain of the Port Sector Ohio Valley (COTP) is establishing,
amending, and updating its current list of recurring special local
regulations codified under 33 CFR 100.801 in Table 1, for the COTP Ohio
Valley zone.
    On February 14, 2020, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Sector Ohio Valley Annual and
Recurring Special Local Regulations Update (85 FR 8499). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to those recurring regulated areas. During
the comment period that ended March 16, 2020, no comments were
received.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
impracticable and contrary to the public interest because immediate
action is necessary to respond to the potential safety hazards
associated with these marine events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1233 The Coast Guard is amending and
updating the special local regulations under 33 CFR part 100 to include
the most up to date list of recurring special local regulations for
events held on or around navigable waters within the Sector Ohio Valley
AOR. These events include marine parades, boat races, swim events, and
others. The current list under 33 CFR 100.801 requires amending to
provide new information on existing special local regulations, include
new special local regulations expected to recur annually or biannually,
and to remove special local regulations that are no longer required.
Issuing individual regulations for each new special local regulation,
amendment, or removal of an existing special local regulation creates
unnecessary administrative costs and burdens. This rulemaking reduces
administrative overhead and provides the public with notice through
publication in the Federal Register of the upcoming recurring special
local regulations.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
February 14, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.

    The Coast Guard expects the economic impact of this rule to be
minimal, and therefore a full regulatory evaluation is unnecessary.
This rule establishes special local regulations limiting access to
certain areas under 33 CFR 100 within Sector Ohio Valley's AOR. The
effect of this rulemaking will not be significant because these special
local regulations are limited in scope and duration. Deviation from the
special local regulations established through this rulemaking may be
requested from the appropriate COTP and requests will be considered on
a case-by-case basis. Broadcast Notices to Mariners and Local Notices
to Mariners will inform the community of these special local
regulations so that they may plan accordingly for these short
restrictions on transit. Vessel traffic may request permission from the
COTP Ohio Valley or a designated representative to enter the restricted
areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of special local regulations related to marine event
permits for marine parades, regattas, and other marine events. It is
categorically excluded from further review under paragraph L(61) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.801, revise Table 1 to read as follows:
* * * * *

                Table 1 to Sec.   100.801--Sector Ohio Valley Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                Date                      Event/sponsor       Ohio Valley location          Regulated area
----------------------------------------------------------------------------------------------------------------
1. 3 days--Second or third weekend   Oak Ridge Rowing        Oak Ridge, TN.........  Clinch River, Mile 48.5-
 in March.                            Association/Cardinal                            52.0 (Tennessee).
                                      Invitational.

2. 1 day--Third weekend in March...  Vanderbilt Rowing/      Nashville, TN.........  Cumberland River, Mile
                                      Vanderbilt Invite.                              188.0-192.7 (Tennessee).
3. 2 days--Fourth weekend in March.  Oak Ridge Rowing        Oak Ridge, TN.........  Clinch River, Mile 48.5-
                                      Association/Atomic                              52.0 (Tennessee).
                                      City Turn and Burn.
4. 3 days--One weekend in April....  Big 10 Invitational     Oak Ridge, TN.........  Clinch River, Mile 48.5-
                                      Regatta.                                        52.0 (Tennessee).
5. 1 day--One weekend in April.....  Lindamood Cup.........  Marietta, OH..........  Muskingum River, Mile 0.5-
                                                                                1.5 (Ohio).
6. 3 days--Third weekend in April..  Oak Ridge Rowing        Oak Ridge, TN.........  Clinch River, Mile 48.5-
                                      Association/SIRA                                52.0 (Tennessee).
                                      Regatta.
7. 2 days--Third Friday and          Thunder Over            Louisville, KY........  Ohio River, Mile 597.0-
 Saturday in April.                   Louisville.                                     604.0 (Kentucky).
8. 1 day--During the last week of    Great Steamboat Race..  Louisville, KY........  Ohio River, Mile 595.0-
 April or first week of May.                                                          605.3 (Kentucky).
9. 3 days--Fourth weekend in April.  Oak Ridge Rowing        Oak Ridge, TN.........  Clinch River, Mile 48.5-
                                      Association/Dogwood                             52.0 (Tennessee).
                                      Junior Regatta.
10. 3 days--Second weekend in May..  Vanderbilt Rowing/ACRA  Nashville, TN.........  Cumberland River, Mile
                                      Henley.                                         188.0-194.0 (Tennessee).
11. 3 days--Second weekend in May..  Oak Ridge Rowing        Oak Ridge, TN.........  Clinch River, Mile 48.5-
                                      Association/Big 12                              52.0 (Tennessee).
                                      Championships.
12. 3 days--Third weekend in May...  Oak Ridge Rowing        Oak Ridge, TN.........  Clinch River, Mile 48.5-
                                      Association/Dogwood                             52.0 (Tennessee).
                                      Masters.
13. 1 day--Third weekend in May....  World Triathlon         Chattanooga, TN.......  Tennessee River, Mile 462.7-
                                      Corporation/IRONMAN                             467.5 (Tennessee).
                                      70.3.
14. 1 day--During the last weekend   Mayor's Hike, Bike and  Louisville, KY........  Ohio River, Mile 601.0-
 in May or on Memorial Day.           Paddle.                                         604.5 (Kentucky).
15. 1 day--The last week in May....  Chickamauga Dam Swim..  Chattanooga, TN.......  Tennessee River, Mile 470.0-
                                                                                473.0 (Tennessee).
16. 2 days--Last weekend in May or   Visit Knoxville/Racing  Knoxville, TN.........  Tennessee River, Mile 647.0-
 first weekend in June.               on the Tennessee.                               648.0 (Tennessee).
17. 3 days--First weekend in June..  Outdoor Chattanooga/    Chattanooga, TN.......  Tennessee River, Mile 454.0-
                                      Chattanooga Swim                                468.0 (Tennessee).
                                      Festival.
18. 2 days--First weekend of June..  Thunder on the Bay/     Pisgah Bay, KY........  Tennessee River, Mile 30.0
                                      KDBA.                                           (Kentucky).
19. 1 day--First weekend in June...  Visit Knoxville/        Knoxville, TN.........  Tennessee River, Mile 646.4-
                                      Knoxville Powerboat                             649.0 (Tennessee).
                                      Classic.
20. 1 day--One weekend in June.....  Tri-Louisville........  Louisville, KY........  Ohio River, Mile 600.5-
                                                                                604.0 (Kentucky).
21. 2 days--One weekend in June....  New Martinsville        New Martinsville,WV...  Ohio River Mile 127.5-128.5
                                      Vintage Regatta.                                (West Virginia).
22. 3 days--One of the last three    Lawrenceburg Regatta/   Lawrenceburg, IN......  Ohio River, Mile 491.0-
 weekends in June.                    Whiskey City Regatta.                           497.0 (Indiana).
23. 3 days--One of the last three    Hadi Shrine/Evansville  Evansville, IN........  Ohio River, Mile 790.0-
 weekends in June.                    Shriners Festival.                              796.0 (Indiana).
24. 3 days--Third weekend in June..  TM Thunder LLC/Thunder  Nashville, TN.........  Cumberland River, Mile
                                      on the Cumberland.                              189.6-192.3 (Tennessee).
25. 1 day--Third or fourth weekend   Greater Morgantown      Morgantown, WV........  Monongahela River, Mile
 in June.                             Convention and                                  101.0-102.0 (West
                                      Visitors Bureau/                                Virginia).
                                      Mountaineer Triathlon.
26. 1 day--Fourth weekend in June..  Team Magic/Chattanooga  Chattanooga, TN.......  Tennessee River, Mile 462.7-
                                      Waterfront Triathlon.                           466.0 (Tennessee).
27. 1 day--One day in June.........  Guntersville Lake       Guntersville, AL......  Tennessee River south of
                                      Hydrofest.                                      mile 357.0 in Browns
                                                                                Creek, starting at the AL-
                                                                                69 Bridge, 34[deg]21'38''
                                                                                N, 86[deg]20'36'' W, to
                                                                                34[deg]21'14'' N,
                                                                                86[deg]19'4'' W, to the
                                                                                TVA power lines,
                                                                                34[deg]20'9'' N,
                                                                                86[deg]21'7'' W, to
                                                                                34[deg]19'37'' N,
                                                                                86[deg]20'13'' W,
                                                                                extending from bank to
                                                                                bank within the creek.
                                                                                (Alabama).
28. 3 days--The last weekend in      Madison Regatta.......  Madison, IN...........  Ohio River, Mile 554.0-
 June or one of the first two                                                         561.0 (Indiana).
 weekends in July.
29. 1 day--During the first week of  Evansville Freedom      Evansville, IN........  Ohio River, Mile 790.0-
 July.                                Celebration/4th of                              797.0 (Indiana).
                                      July Freedom
                                      Celebration.

30. First weekend in July..........  Eddyville Creek Marina/ Eddyville, KY.........  Cumberland River, Mile 46.0-
                                      Thunder Over Eddy Bay.                          47.0 (Kentucky).
31. 2 days--One of the first two     Thunder on the Bay/     Pisgah Bay, KY........  Tennessee River, Mile 30.0
 weekends in July.                    KDBA.                                           (Kentucky).
32. 1 day--Second weekend in July..  Bradley Dean/           Florence, AL..........  Tennessee River, Mile 254.0-
                                      Renaissance Man                                 258.0 (Alabama).
                                      Triathlon.
33. 1 day--Third or fourth Sunday    Tucson Racing/          Cincinnati, OH........  Ohio River, Mile 468.3-
 of July.                             Cincinnati Triathlon.                           471.2 (Ohio).
34. 2 days--One of the last three    Dare to Care/KFC        Louisville, KY........  Ohio River, Mile 600.0-
 weekends in July.                    Mayor's Cup Paddle                              605.0 (Kentucky).
                                      Sports Races/Voyageur
                                      Canoe World
                                      Championships.
35. 2 days--Last two weeks in July   Friends of the          Pittsburgh, PA........  Allegheny River, Mile 0.0-
 or first three weeks of August.      Riverfront Inc./                                1.5 (Pennsylvania).
                                      Pittsburgh Triathlon
                                      and Adventure Races.
36. 1 day--Fourth weekend in July..  Team Magic/Music City   Nashville, TN.........  Cumberland River, Mile
                                      Triathlon.                                      189.7-192.3 (Tennessee).
37. 1 day--Last weekend in July....  Maysville Paddlefest..  Maysville, KY.........  Ohio River, Mile 408-409
                                                                                (Kentucky).
38. 2 days--One weekend in July....  Huntington Classic      Huntington, WV........  Ohio River, Mile 307.3-
                                      Regatta.                                        309.3 (West Virginia).
39. 2 days--One weekend in July....  Marietta Riverfront     Marietta, OH..........  Ohio River, Mile 171.6-
                                      Roar Regatta.                                   172.6 (Ohio).
40. 1 day--Last weekend in July or   HealthyTriState.org/    Huntington, WV........  Ohio River, Mile 305.1-
 first weekend in August.             St. Marys Tri State                             308.3 (West Virginia).
                                      Kayathalon.
41. 1 day--first Sunday in August..  Above the Fold Events/  Ashland City, TN......  Cumberland River, Mile
                                      Riverbluff Triathlon.                           157.0-159.5 (Tennessee).
42. 3 days--First week of August...  EQT Pittsburgh Three    Pittsburgh, PA........  Allegheny River mile 0.0-
                                      Rivers Regatta.                                 1.0, Ohio River mile 0.0-
                                                                                0.8, Monongahela River
                                                                                mile 0.5 (Pennsylvania).
43. 2 days--First weekend of August  Thunder on the Bay/     Pisgah Bay, KY........  Tennessee River, Mile 30.0
                                      KDBA.                                           (Kentucky).
44. 1 day--First or second weekend   Riverbluff Triathlon..  Ashland City, TN......  Cumberland River, Mile
 in August.                                                                           157.0-159.0 (Tennessee).
45. 1 day--One of the first two      Green Umbrella/Ohio     Cincinnati, OH........  Ohio River, Mile 458.5-
 weekends in August.                  River Paddlefest.                               476.4 (Ohio and Kentucky).
46. 2 days--Third full weekend       Ohio County Tourism/    Rising Sun, IN........  Ohio River, Mile 504.0-
 (Saturday and Sunday) in August.     Rising Sun Boat Races.                          508.0 (Indiana and
                                                                                Kentucky).
47. 3 days--Second or Third weekend  Kittanning              Kittanning, PA........  Allegheny River mile 42.0-
 in August.                           Riverbration Boat                               46.0 (Pennsylvania).
                                      Races.
48. 3 days--One of the last two      Thunder on the Green..  Livermore, KY.........  Green River, Mile 69.0-72.5
 weekends in August.                                                                  (Kentucky).
49. 1 day--Fourth weekend in August  Team Rocket Tri-Club/   Huntsville, AL........  Tennessee River, Mile 332.2-
                                      Rocketman Triathlon.                            335.5 (Alabama).
50. 1 day--Last weekend in August..  Tennessee Clean Water   Knoxville, TN.........  Tennessee River, Mile 646.3-
                                      Network/Downtown                                648.7 (Tennessee).
                                      Dragon Boat Races.
51. 3 days--One weekend in August..  Pro Water Cross         Charleston, WV........  Kanawha River, Mile 56.7-
                                      Championships.                                  57.6 (West Virginia).
52. 2 days--One weekend in August..  POWERBOAT NATIONALS--   Ravenswood, WV........  Ohio River, Mile 220.5-
                                      Ravenswood Regatta.                             221.5 (West Virginia).
53. 2 days--One weekend in August..  Powerboat Nationals--   Parkersburg, WV.......  Ohio River Mile 183.5-285.5
                                      Parkersburg Regatta/                            (West Virginia).
                                      Parkersburg
                                      Homecoming.
54. 1 day--One weekend in August...  YMCA River Swim.......  Charleston, WV........  Kanawha River, Mile 58.3-
                                                                                61.8 (West Virginia).
55. 3 days--One weekend in August..  Grand Prix of           Louisville, KY........  Ohio River, Mile 601.0-
                                      Louisville.                                     605.0 (Kentucky).
56. 3 days--One weekend in August..  Evansville HydroFest..  Evansville, IN........  Ohio River, Mile 790.5-
                                                                                794.0 (Indiana).
57. 1 day--First or second weekend   SUP3Rivers The          Pittsburgh, PA........  Monongahela River mile 0.0-
 of September.                        Southside Outside.                              3.09 Allegheny River mile
                                                                                0.0-0.6 (Pennsylvania).
58. 1 day--First weekend in          Mayor's Hike, Bike and  Louisville, KY........  Ohio River, Mile 601.0-
 September or on Labor Day.           Paddle.                                         610.0 (Kentucky).
59. 2 days--Sunday before Labor Day  Cincinnati Bell, WEBN,  Cincinnati, OH........  Ohio River, Mile 463.0-
 and Labor Day.                       and Proctor and                                 477.0 (Kentucky and Ohio)
                                      Gamble/Riverfest.                               and Licking River Mile 0.0-
                                                                                3.0 (Kentucky).

60. 2 days--Labor Day weekend......  Wheeling Vintage Race   Wheeling, WV..........  Ohio River, Mile 90.4-91.5
                                      Boat Association Ohio/                          (West Virginia).
                                      Wheeling Vintage
                                      Regatta.
61. 3 days--The weekend of Labor     Portsmouth Boat Race/   Portsmouth, OH........  Ohio River, Mile 355.5-
 Day.                                 Breakwater Powerboat                            356.8 (Ohio).
                                      Association.
62. 2 days--One of the first three   Louisville Dragon Boat  Louisville, KY........  Ohio River, Mile 602.0-
 weekends in September.               Festival.                                       604.5 (Kentucky).
63. 1 day--One of the first three    Cumberland River        Nashville, TN.........  Cumberland River, Mile
 weekends in September.               Compact/Cumberland                              189.7-192.1 (Tennessee).
                                      River Dragon Boat
                                      Festival.
64. 2 days--One of the first three   State Dock/Cumberland   Jamestown, KY.........  Lake Cumberland (Kentucky).
 weekends in September.               Poker Run.
65. 3 days--One of the first three   Fleur de Lis Regatta..  Louisville, KY........  Ohio River, Mile 600.0-
 weekends in September.                                                               605.0 (Kentucky).
66. 1 day--Second weekend in         City of Clarksville/    Clarksville, TN.......  Cumberland River, Mile
 September.                           Clarksville Riverfest                           125.0-126.0 (Tennessee).
                                      Cardboard Boat
                                      Regatta.
67. 1 day--One Sunday in September.  Ohio River Sternwheel   Marietta, OH..........  Ohio River, Mile 170.5-
                                      Festival Committee                              172.5 (Ohio).
                                      Sternwheel race
                                      reenactment.
68. 1 Day--One weekend in September  Parkesburg Paddle Fest  Parkersburg, WV.......  Ohio River, Mile 184.3-188
                                                                                (West Virginia).
69. 1 day--One weekend in September  Shoals Dragon Boat      Florence, AL..........  Tennessee River, Mile 255.0-
                                      Festival.                                       257.0 (Alabama).
70. 2 days--One of the last three    Madison Vintage         Madison, IN...........  Ohio River, Mile 556.5-
 weekends in September.               Thunder.                                        559.5 (Indiana).
71. 1 day--Third Sunday in           Team Rocket Tri Club/   Huntsville, AL........  Tennessee River, Mile 332.3-
 September.                           Swim Hobbs Island.                              338.0 (Alabama).
72. 1 day--Fourth or fifth weekend   Knoxville Open Water    Knoxville, TN.........  Tennessee River, Mile 641.0-
 in September.                        Swimmers/Bridges to                             648.0 (Tennessee).
                                      Bluffs.
73. 1 day--Fourth or fifth Sunday    Green Umbrella/Great    Cincinnati, OH........  Ohio River, Mile 468.8-
 in September.                        Ohio River Swim.                                471.2 (Ohio and Kentucky).
74. 1 day--One of the last two       Ohio River Open Water   Prospect, KY..........  Ohio River, Mile 587.0-
 weekends in September.               Swim.                                           591.0 (Kentucky).
75. 2 days--One of the last three    Captain Quarters        Louisville, KY........  Ohio River, Mile 594.0-
 weekends in September or the first   Regatta.                                        598.0 (Kentucky).
 weekend in October.
76. 3 days--One of the last three    Owensboro Air Show....  Owensboro, KY.........  Ohio River, Mile 754.0-
 weekends in September or one of                                                      760.0 (Kentucky).
 the first two weekends in October.
77. 1 day--Last weekend in           World Triathlon         Chattanooga, TN.......  Tennessee River, Mile 462.7-
 September.                           Corporation/IRONMAN                             467.5 (Tennessee).
                                      Chattanooga.
78. 3 days--Last weekend of          New Martinsville        New Martinsville, WV..  Ohio River, Mile 128-129
 September and/or first weekend in    Records and Regatta                             (West Virginia).
 October.                             Challenge Committee.
79. 2 days--First weekend of         Three Rivers Rowing     Pittsburgh, PA........  Allegheny River mile 0.0-
 October.                             Association/Head of                             5.0 (Pennsylvania).
                                      the Ohio Regatta.
80. 1 day--First or second weekend   Lookout Rowing Club/    Chattanooga, TN.......  Tennessee River, Mile 463.0-
 in October.                          Chattanooga Head Race.                          468.0 (Tennessee).
81. 3 days--First or Second weekend  Vanderbilt Rowing/      Nashville, TN.........  Cumberland River, Mile
 in October.                          Music City Head Race.                           189.5-196.0 (Tennessee).
82. 2 days--First or second week of  Head of the Ohio        Pittsburgh, PA........  Allegheny River, Mile 0.0-
 October.                             Rowing Race.                                    3.0 (Pennsylvania).
83. 2 days--One of the first three   Norton Healthcare/      Louisville, KY........  Ohio River, Mile 600.5-
 weekends in October.                 Ironman Triathlon.                              605.5 (Kentucky).
84. 2 days--Two days in October....  Secret City Head Race   Oak Ridge, TN.........  Clinch River, Mile 49.0-
                                      Regatta.                                        54.0 (Tennessee).

85. 3 days--First weekend in         Atlanta Rowing Club/    Chattanooga, TN.......  Tennessee River, Mile 463.0-
 November.                            Head of the Hooch                               468.0 (Tennessee).
                                      Rowing Regatta.
86. 1 day--One weekend in November   Charleston Lighted      Charleston, WV........  Kanawha River, Mile 54.3-
 or December.                         Boat Parade.                                    60.3 (West Virginia).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: April 3, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2020-11419 Filed 6-5-20; 8:45 am]
 BILLING CODE P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 2, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-16945

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint Application of COMPANIA MEXICANA DE AVIACION, S.A. DE C.V.
(MEXICANA) AND AMERICAN AIRLINES, INC. (AMERICAN), filed 6/30/05 for:

XX  Exemption for American under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Washington, D.C./Baltimore, Maryland, and Mexico City, Mexico,
and to integrate this authority with its existing certificate and
exemption authority.  American intends to operate this service pursuant
to a code-share arrangement with Mexicana, whereby the “AA”
designator code will be placed on flights operated by Mexicana in this
market.  The joint applicants request that the exemption authority be
granted for a period co-extensive with the exemptions granted previously
to American in the instant docket (through April 29, 2006).

XX  Amended statement of authorization for Mexicana under 14 CFR Part
212 to:

Display American’s “AA” designator code on flights operated by
Mexicana between Washington, D.C./Baltimore-Mexico City.

Applicant reps: Carl B. Nelson, Jr. (American)<PHONE_NUMBER> and
Charles F. Donley II (Mexicana)<PHONE_NUMBER>

DOT Analyst:   Thuy H. Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action granting new exemption authority to American was
effective when taken:

August 2, 2005, through April 29, 2006.

The above action granting an amended statement of authorization to
Mexicana was effective when taken: August 2, 2005, and will remain in
effect indefinitely, subject to the conditions below.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	XX   American’s certificates of public convenience and necessity

	XX   Standard exemption conditions (attached)

Conditions:   The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.  Consistent with our policy, the dormancy notice
period will begin on December 1, 2005, the proposed start-up date for
the Washington, D.C./Baltimore-Mexico City service.  The exemption
authority granted to American is limited to services provided on a
code-share basis only.

The route integration authority granted to American is subject to the
condition that any service provided under this authority shall be
consistent with the applicable bilateral aviation agreements between the
United States and the foreign countries involved.  Furthermore, (a)
nothing in the award of the route integration authority granted should
be construed as conferring upon American rights (including code-share,
fifth-freedom intermediate and/or beyond rights) to serve markets where
U.S. carrier entry is limited unless American notifies the Department of
its intent to serve such a market and unless and until the Department
has completed any necessary carrier selection procedures to determine
which carrier(s) should be authorized to exercise such rights; and (b)
should there be a request by any carrier to use the limited-entry route
rights that are included in American’s authority by virtue of the
route integration authority granted here, but that are not then being
used by American, the holding of such authority will not be considered
as providing any preference for American in a competitive carrier
selection proceeding to determine which carrier(s) should be entitled to
use the authority at issue.

The Statement of Authorization granted to Mexicana is subject to the
following conditions:

(a) The statement of authorization will remain in effect only as long as
American (and its affiliates) and Mexicana continue to hold the
underlying authority to operate the code-share services at issue, and
the code-share agreement providing for the code-share operations remains
in effect.

(b) American (and its affiliates) and/or Mexicana must promptly notify
the Department (Office of International Aviation) if the code-share
agreement is no longer effective or if the carriers decide to cease
operating all or a portion of the approved code-share services. (Such
notice should be filed in Docket OST-2004-16945.)

(c) The code-sharing operations conducted under this authority must
comply with 14 CFR 257 and with any amendment to the Department’s
regulations concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in computer reservation systems and elsewhere;
that the carrier selling such transportation (i.e., the carrier shown on
the ticket) accept responsibility for the entirety of the code-share
journey for all obligations established in its contract of carriage with
the passenger; and that the passenger liability of the operating carrier
be unaffected.

(d) The authority granted here is specifically conditioned so that
neither American (and its affiliates) nor Mexicana shall give any force
or effect to any contractual provisions between themselves that are
contrary to these conditions.

________________________________________________________________________
____

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found American qualified to provide the
exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

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

APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										  05/2004

 The joint applicants include American affiliates American Eagle
Airlines, Inc., and Executive Airlines, Inc. d/b/a American Eagle.

 Mexicana holds Mexico City-Washington, D.C./Baltimore operating
authority pursuant to its foreign air carrier permit. (See Order
78-6-127)

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.


[Federal Register: June 14, 2006 (Volume 71, Number 114)]
[Notices]
[Page 34337]
[DOCID:fr14jn06-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-33-003]

Wyckoff Gas Storage Company LLC; Notice of Application

June 7, 2006.
    On June 2, 2006, Wyckoff Gas Storage Company, LLC, (Wyckoff), Two
Warren Place, 6120 Yale Avenue, Suite 700, Tulsa, OK 74136-4216,
pursuant to section 7(c) of the Natural Gas Act (NGA) and parts 157 of
the Commission's regulations, filed an abbreviated application to amend
its certificates of public convenience and necessity issued on October
6, 2003 (105 FERC ] 61,027), and amended on April 11, 2006 (115 FERC ]
61,207) to: (1) Move the surface location of four of the jurisdictional
injection/withdrawal wells to a site on property recently acquired in
fee by Wyckoff, (2) modify the design of the dehydration unit at the
field to incorporate the most updated technology, (3) install a water
line adjacent to approved Chace lateral for possible future use; and
(4) install fiber optic cable adjacent to each of its new pipelines to
provide communications capability at the field. This filing is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using

the ``e-Library'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER>, or for TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to T.W.
Cook, Wyckoff Gas Storage Company, LLC, Two Warren Place, 6120 Yale
Avenue, Suite 700, Tulsa, OK 74136,<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, on or
before the comment date stated below 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 in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. 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.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    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.
The Commission strongly encourages electronic filings.
    Comment Date: June 14, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9298 Filed 6-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 2, 2008 (Volume 73, Number 106)]
[Proposed Rules]
[Page 31416-31418]
[DOCID:fr02jn08-20]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0699; FRL-8568-9]
RIN 2060-AO90

Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry; Standards of
Performance for Equipment Leaks of VOC in Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; stay.

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

SUMMARY: EPA is proposing to extend the stay of certain provisions of
the standards of performance for equipment leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry (SOCMI) and
Petroleum Refineries. In the ``Rules and Regulations'' section of this
Federal Register we are extending the stay as a direct final rule
without a prior proposed rule. If we receive no adverse comment, we
will not take further action on this proposed rule.

DATES: Written comments must be received by July 2, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0699, by mail to Air and Radiation Docket (2822T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies. Comments may also be submitted electronically or through
hand delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
    We request that you also send a separate copy of each comment to
the contact persons listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Ms. Karen Rackley, Coatings and
Chemicals Group, Sector Policies and Programs Division, Office of Air
Quality Planning and Standards (E143-01), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-0634; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on the standards of
performance for equipment leaks of VOC in the SOCMI and Petroleum
Refineries. We have published a direct final rule extending the stay of
the provisions under reconsideration and the stay of the clarification
of the definition of process unit in the ``Rules and Regulations''
section of this Federal Register because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

II. Does This Action Apply to Me?

    Categories and entities potentially regulated by this action are
synthetic organic chemicals manufacturers and petroleum refineries. The
New Source Performance Standards (NSPS) for equipment leaks of VOC in
SOCMI and petroleum refineries affect the following categories of
sources:

------------------------------------------------------------------------
                                                        Examples of
           Category               NAICS Code \1\   potentially regulated
                                                          entities
------------------------------------------------------------------------
Industry......................  324110...........  Petroleum refiners.
                                Primarily 325110,  Synthetic organic
                                 325192, 325193,    chemical
                                 and 325199.        manufacturing
                                                    industry (SOCMI)
                                                    units, e.g.,
                                                    producers of
                                                    benzene, toluene, or
                                                    any other chemical
                                                    listed in 40 CFR
                                                    60.489.
------------------------------------------------------------------------
\1\ North American Industrial Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by the
final amendments and new standards for equipment leaks of VOC in SOCMI
and petroleum refineries. To determine whether your facility is
regulated by this action, you should examine the applicability criteria
in 40 CFR 60.480, 60.590, 60.480a, and 60.590a. If you have any
questions regarding the applicability of the NSPS to a particular
entity, contact the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.

III. Statutory and Executive Orders

    For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the ``Rules and
Regulations'' section of this Federal Register.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: May 15, 2008.
Stephen L. Johnson,
Administrator.

    For the reasons cited in the preamble, title 40, chapter I, part 60
of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

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

Subpart VV--[Amended]

    2. Section 60.480 is amended by adding paragraph (f) to read as
follows:

Sec.  60.480  Applicability and designation of affected facility.

* * * * *
    (f) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec.  60.481 and the
requirements in Sec.  60.482-1(g) of this subpart until the EPA takes
final action to require compliance and publishes a document in the
Federal Register. While the definition of ``process unit'' is stayed,
owners or operators should use the following definition:
    Process unit means components assembled to produce, as intermediate
or final products, one or more of the chemicals listed in Sec.  60.489
of this part. A process unit can operate independently if supplied with
sufficient feed or raw materials and sufficient storage facilities for
the product.

Sec.  60.481  [Amended]

    3. In Sec.  60.481, the definition for ``process unit'' is stayed
from August 1, 2008 until further notice.

Sec.  60.482-1  [Amended]

    4. In Sec.  60.482-1, paragraph (g) is stayed from August 1, 2008
until further notice.

Subpart VVa--[Amended]

    5. Section 60.480a is amended by adding paragraph (f) to read as
follows:

Sec.  60.480a  Applicability and designation of affected facility.

* * * * *
    (f) Stay of standards. (1) Owners or operators that start a new,
reconstructed, or modified affected source prior to November 16, 2007
are not required to comply with the requirements in this paragraph
until EPA takes final action to require compliance and publishes a
document in the Federal Register.
    (i) The definition of ``capital expenditure'' in Sec.  60.481a of
this subpart. While the definition of ``capital expenditure'' is
stayed, owners or operators should use the definition found in Sec.
60.481 of subpart VV of this part.
    (2) Owners or operators are not required to comply with the
requirements in this paragraph until EPA takes final action to require
compliance and publishes a document in the Federal Register.
    (i) The definition of ``process unit'' in Sec.  60.481a of this
subpart. While the definition of ``process unit'' is stayed, owners or
operators should use the following definition:
    Process unit means components assembled to produce, as intermediate
or final products, one or more of the chemicals listed in Sec.  60.489
of this part. A process unit can operate independently if supplied with
sufficient feed or raw materials and sufficient storage facilities for
the product.
    (ii) The method of allocation of shared storage vessels in Sec.
60.482-1a(g) of this subpart.
    (iii) The standards for connectors in gas/vapor service and in
light liquid service in Sec.  60.482-11a of this subpart.

Sec.  60.481a  [Amended]

    6. In Sec.  60.481a, the definitions of ``capital expenditure'' and
``process unit'' are stayed from August 1, 2008 until further notice.

Sec.  60.482-1a  [Amended]

    7. In Sec.  60.482-1a, paragraph (g) is stayed from August 1, 2008
until further notice.

Sec.  60.482-11a  [Amended]

    8. Section 60.482-11a is stayed from August 1, 2008 until further
notice.

Subpart GGG--[Amended]

    9. Section 60.590 is amended by adding paragraph (e) to read as
follows:

Sec.  60.590  Applicability and designation of affected facility.

* * * * *
    (e) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec.  60.590 of this
subpart until the EPA takes final action to require compliance and
publishes a document in the Federal Register. While the definition of
``process unit'' is stayed, owners or operators should use the
following definition:
    Process unit means components assembled to produce intermediate or
final products from petroleum, unfinished petroleum derivatives, or
other intermediates; a process unit can operate independently if
supplied with sufficient feed or raw materials and sufficient storage
facilities for the product.

Sec.  60.591  [Amended]

    10. In Sec.  60.591, the definition of ``process unit'' is stayed
from August 1, 2008 until further notice.

Subpart GGGa--[Amended]

    11. Section 60.590a is amended by adding paragraph (e) to read as
follows:

Sec.  60.590a  Applicability and designation of affected facility.

* * * * *
    (e) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec.  60.590 of this
subpart until the EPA takes final action to require compliance and
publishes a document in the Federal Register. While the definition of
``process unit'' is stayed, owners or operators should use the
following definition:
    Process unit means components assembled to produce intermediate or
final products from petroleum, unfinished petroleum derivatives, or
other intermediates; a process unit can operate independently if
supplied with sufficient feed or raw materials and sufficient storage
facilities for the product.

Sec.  60.591a  [Amended]

    12. In Sec.  60.591a, the definition of ``process unit'' is stayed
from August 1, 2008 until further notice.

[FR Doc. E8-11384 Filed 5-30-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50143-50144]
[FR Doc No: 2018-21623]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number: NHTSA-2017-0057]

Reports, Forms, and Record Keeping Requirements Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below is being forwarded to the Office of Management and
Budget (OMB) for review and comments. The ICR describes the nature of
the information collection and its expected burden. A Federal Register
Notice with a 60-day comment period soliciting public comments on the
following information collection was published on September 6, 2017.
This notice addresses comments received.

DATES: Written comments should be submitted on or before November 5,
2018.

ADDRESSES: Send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street NW,
Washington, DC 20503, Attention: NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Amy Berning, Office of Behavioral
Safety, National Highway Traffic Safety Administration, 1200 New Jersey
Avenue SE, W46-497, Washington, DC 20590; telephone:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Information Collection Request

    Before a Federal agency can collect certain information from the
public, it must receive approval from the Office of Management and
Budget (OMB). In compliance with these requirements, this notice
announces that the following information collection request has been
forwarded to OMB.
    OMB Control Number: To be issued at time of approval.
    Title: Drug Use Characteristics of Drivers Arrested for Driving
Under the Influence (DUI) or Driving Under the Influence of Drugs
(DUID).
    Form Numbers: NHTSA Form 1468, 1469.
    Type of Review: New information collection.
    Abstract:
    NHTSA proposes to conduct a study to estimate the prevalence of
drugs in drivers arrested for driving under the influence or driving
under the influence of a drug. Approximately 1,000 drivers arrested for
DUI or DUID at two or three locations across the country will be
interviewed and administered an oral fluid drug test. The primary aim
of this project is to better understand the frequency of alcohol,
prescription, over-the-counter (OTC), and illicit drugs in impaired
driving arrests. Trained researchers will ask participants questions
regarding demographics, driving, alcohol, and drug use. Participants
will then be asked to provide an oral fluid sample using a collection
device which will be used to test for alcohol and approximately 50
other specific drugs.
    Data collection will take place over a six-month period at two to
three sites across the country. The research team will coordinate with
the local police departments and officials at these sites. The sites
will have a private room at the booking facility for use by the
research team. Each site will have at least 1,250 impaired driving
arrests per year and be willing to enter into a Memorandum of
Understanding with the research team regarding the study.
    Data for the study will primarily be collected at a central booking
facility for the site's police department. Upon arriving at the booking
facility, the arresting officer or other approved police staff will
briefly inform the potential participants that they have the
opportunity to participate in a research study sponsored by NHTSA.
Police staff will ask the participants if they would be interested in
learning more about the study. If they respond yes, then they will be
introduced to the trained research staff in the private study room.
    The research staff will further describe the study to the potential
participant. The researcher will explain to the potential participant
that study data is anonymous, s/he must be 18 years of age or older to
participate, s/he is free to withdraw from the study at any time, the
results of the drug test and questionnaire will not be provided to
anyone outside of the research team (including to the participant), and
participation in the study will not be used to help or hurt the
individual in

any related legal proceedings. If the individual agrees to participate,
then he or she will be asked to take an oral fluid drug test. This is
essentially a cotton swab that must be held in an individual's mouth
for approximately two to three minutes (no more than ten minutes). The
oral fluid specimen will be shipped to an independent laboratory for
analysis. The participant will be asked to respond to approximately ten
minutes of questions through a self-report survey on alcohol and drug
use, perceptions of impaired driving, and driving behaviors. The survey
will be completed via an electronic tablet or, where deemed necessary,
a paper copy of the survey. All electronic data will be recorded on a
secure data collection and management site without any identifying
information.
    A goal of the collection will be to minimize the possibility of
collecting any potentially-identifying information on a participant.
The drug test result will be associated with participant responses
using a subject code, but no identifying information on the participant
will be collected.
    Respondents: The research will collect both an oral fluid drug test
and a questionnaire from approximately 1,000 participants. Data
collection will take place over a six-month period at two to three
sites across the United States.
    Estimated Time per Response: It will take just under 15 minutes to
participate. We anticipate that it will take 1.5 minutes (i.e., 90
seconds) for the individual to hear about the study and process the
information. Our total burden estimate includes this 90-second estimate
for 1,200 individuals, with the goal of 1,000 participants (total
burden 30 hours). It will take an average of an additional 1.2 minutes
for participants to ask any questions and verbally agree to participate
in the study (total burden 20 hours). This results in an estimated 50
total burden hours for the verbal consent process. The drug test and
questionnaire will be completed at a single point in time. It can take
up to 10 minutes to collect a sufficient quantity of saliva for the
oral fluid drug test. However, it is anticipated that the average oral
fluid collection time is four minutes and the survey will take an
additional eight minutes to complete (i.e., 12 total minutes). The
total burden for the participant questionnaire and oral fluid
collection is 200 hours.
    Estimated Total Annual Burden: 250 hours total over the six-month
data collection period.
    Frequency of Collection: Each participant will only respond to the
survey and/or biological sample requests a single time during the six-
month study period.

II. Comment Response

    On September 9th, 2017, NHTSA published a notice in the Federal
Register (NHTSA-2017-0057) with a 60-day public comment period to
announce this proposed information collection. As of the closing date
of November 6th, 2017 two comments were received in response to this
notice.
    One comment described frustration with the EPA and massive costs of
regulation. This project does not involve the EPA and the comment is
thus not relevant to the current project. A second commenter emailed
NHTSA directly to request access to the project's full methodology.
    The comment will be provided to OMB to be placed in the docket. The
methodology will be available from OMB upon NHTSA's submission of the
Information Collection Request to OMB.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.95.

    Issued in Washington, DC, on October 1, 2018.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2018-21623 Filed 10-3-18; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Page 14788]
[FR Doc No: 2013-05256]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-497-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Availability of the Environmental Assessment for the Proposed
Brandywine Creek Replacement Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Brandywine Creek Replacement Project, proposed by Transcontinental Gas
Pipe Line Company, LLC (Transco) in the above-referenced docket.
Transco requests authorization to remove approximately 2,167 feet of
existing 30-inch-diameter natural gas pipeline and replace it with 42-
inch-diameter natural gas pipeline in Chester County, Pennsylvania.
    The EA assesses the potential environmental effects of the
construction and operation of the Brandywine Creek Replacement Project
in accordance with the requirements of the National Environmental
Policy Act. The FERC staff concludes that approval of the proposed
project, with appropriate mitigating measures, would not constitute a
major federal action significantly affecting the quality of the human
environment.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding. In addition, the EA is available for public viewing on
the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before March 29,
2013.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP12-497-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214).\1\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
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    \1\ See the previous discussion on the methods for filing
comments.
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    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP12-
497). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.

    Dated: February 28, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-05256 Filed 3-6-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 79024-79026]
[FR Doc No: 2022-27910]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96530; File No. SR-NYSEAMER-2022-56]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change to Increase
Certain Annual Fees Set Forth in Section 141 of the NYSE American
Company Guide

December 19, 2022.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on December 13, 2022, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 141 of the NYSE American
Company Guide (the ``Company Guide') to amend its annual fees charged
to issuers of listed equity securities. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its annual fees charged to issuers
of listed equity securities as set forth in Section 141 of the Company
Guide. The proposed changes will take effect from the beginning of the
calendar year commencing on January 1, 2023.
    The Exchange currently charges an annual fee of $50,000 to issuers
with 50 million or fewer shares outstanding and an annual fee of
$70,000 to issuers with more than 50 million shares outstanding. The
Exchange proposes to increase the annual fee for issuers with 50
million or fewer shares outstanding to $55,0000 [sic], and to increase
the annual fee for issuers with more than 50 million shares outstanding
to $75,000.
    The proposed increase in the annual fee rates reflects increases in
the costs the Exchange incurs in providing services to listed companies
on an ongoing basis, as well as increases in the costs of conducting
its related regulatory activities. As described below, the Exchange
proposes to make the aforementioned fee increases to better reflect the
Exchange's costs related to listing equity securities and the
corresponding value of such listing to companies.
    The revised annual fees will be applied in the same manner to all
issuers with listed securities in the affected categories and the
Exchange believes that the changes will not disproportionately affect
any specific category of issuers.
    The Exchange also proposes to remove from Section 141 text
referring to fee rates that are no longer applied as this reference is
no longer relevant.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\4\ in general, and furthers the
objectives of section 6(b)(4) \5\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges. The Exchange also believes that the proposed
rule change is consistent with section 6(b)(5) of the Act,\6\ in that
it is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that it is not unfairly discriminatory and
represents an equitable allocation of reasonable fees to amend Section
141 to increase the annual fees for listed equity securities as set
forth above because of the increased costs incurred by the Exchange
since it established the current rates.
The Proposed Changes Are Reasonable
    The Exchange believes that the proposed changes to its annual fee
schedule are reasonable. In that regard, the Exchange notes that its
general costs to support its listed companies have increased, including
due to price inflation. The Exchange also continues to expand and
improve the services it provides to listed companies. Specifically, the
Exchange has (among other things) increased expenditure on listed
companies and the value of an NYSE American listing by: making
improvements to NYSE Connect, an online service that provides listed
companies with access to in-depth information to better understand the
trading of their securities; and launching the NYSE Institute, whose
focus includes providing thought leadership and advocacy on behalf of
listed companies. The Exchange notes that companies listed on both the
New York Stock Exchange and NYSE American all benefit from the
foregoing services.
    The Exchange operates in a highly competitive marketplace for the
listing of the various categories of securities affected by the
proposed annual fee adjustments. The Commission has repeatedly
expressed its preference for competition over regulatory intervention
in determining prices, products, and services in the securities
markets. Specifically, in Regulation NMS,\7\ the Commission highlighted
the importance of market forces in determining prices and SRO revenues
and, also, recognized that current regulation of the market system
``has been remarkably successful in promoting market competition in its
broader forms that are most important to investors and listed
companies.'' \8\
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    \7\ Release No. 34-51808 (June 9, 2005); 70 FR 37496 (June 29,
2005).
    \8\ See Regulation NMS, 70 FR at 37499.

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    The Exchange believes that the ever-shifting market share among the
exchanges with respect to new listings and the transfer of existing
listings between competitor exchanges demonstrates that issuers can
choose different listing markets in response to fee changes.
Accordingly, competitive forces constrain exchange listing fees. Stated
otherwise, changes to exchange listing fees can have a direct effect on
the ability of an exchange to compete for new listings and retain
existing listings.
    Given this competitive environment, the adoption of an increase to
the annual fees for various categories of equity securities represents
a reasonable attempt to address the Exchange's increased costs in
servicing these listings while continuing to attract and retain
listings.
    The Exchange proposes to make the aforementioned fee increases in
Section 141 to better reflect the value of such listing to issuers.
The Proposal Is An Equitable Allocation of Fees
    The Exchange believes its proposal equitably allocates its fees
among its market participants.
    The Exchange believes that the proposed amendments to the annual
fees for equity securities are equitable because they do not change the
existing framework for such fees, but simply increase the amount of
certain of the fees to reflect increased operating costs. Similarly, as
the fee structure remains effectively unchanged apart from increases in
the rates paid by all issuers, the changes to annual fees for equity
securities neither target nor will they have a disparate impact on any
particular category of issuer of equity securities.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. The proposed fee changes are not unfairly
discriminatory among issuers of operating company equity securities
because the same fee schedule will apply to all such issuers. The
Exchange does not propose to increase the minimum annual fees charged
for any of the various classes of derivative securities products,
closed end funds, bonds, or warrants for which annual fees are also set
forth in Section 141. The Exchange believes that this is not unfairly
discriminatory to the issuers of operating company equity securities as
the benefits the issuers of these other classes of securities receive
in connection with their listings are consistent with the current fee
levels paid by those issuers. This is because those types of listings
do not generally benefit to the same extent from services provided by
the Exchange as do issuers of operating company equity securities.
    Further, the Exchange operates in a competitive environment and its
fees are constrained by competition in the marketplace. Other venues
currently list all of the categories of securities covered by the
proposed fees and if a company believes that the Exchange's fees are
unreasonable it can decide either not to list its securities or to list
them on an alternative venue.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to ensure that the fees charged by the Exchange accurately
reflect the services provided and benefits realized by listed
companies. The market for listing services is extremely competitive.
Each listing exchange has a different fee schedule that applies to
issuers seeking to list securities on its exchange. Issuers have the
option to list their securities on these alternative venues based on
the fees charged and the value provided by each listing. Because
issuers have a choice to list their securities on a different national
securities exchange, the Exchange does not believe that the proposed
fee changes impose a burden on competition.
Intramarket Competition
    The proposed amended fees will be charged to all listed issuers on
the same basis. The Exchange does not believe that the proposed amended
fees will have any meaningful effect on the competition among issuers
listed on the Exchange.
Intermarket Competition
    The Exchange operates in a highly competitive market in which
issuers can readily choose to list new securities on other exchanges
and transfer listings to other exchanges if they deem fee levels at
those other venues to be more favorable. Because competitors are free
to modify their own fees, and because issuers may change their chosen
listing venue, the Exchange does not believe its proposed fee change
can impose any burden on intermarket competition.

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

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

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

    The foregoing rule change has become effective upon filing pursuant
to section 19(b)(3)(A) \9\ of the Act and paragraph (f) thereunder. At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2022-56 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-NYSEAMER-2022-56. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the

provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEAMER-2022-56 and should
be submitted on or before January 13, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27910 Filed 12-22-22; 8:45 am]
BILLING CODE 8011-01-P