[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Notices]
[Pages 7322-7324]
[FR Doc No: 2020-02459]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002; Internal Agency Docket No. FEMA-B-2008]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The LOMR will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                                            Chief executive officer of                                    Online location of letter  of map                           Community
         State and county          Location and case No.            community               Community map repository                  revision                Date of modification       No.
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Colorado:
    Arapahoe.....................  City of Aurora (19-08- The Honorable Bob LeGare,      Engineering Department, 15151   https://msc.fema.gov/portal/        May 1, 2020...........       080002
                                    0550P).                Mayor, City of Aurora, 15151   East Alameda Parkway, Aurora,   advanceSearch.
                                                           East Alameda Parkway,          CO 80012.
                                                           Aurora, CO 80012.
    Arapahoe.....................  City of Aurora (19-08- The Honorable Bob LeGare,      Engineering Department, 15151   https://msc.fema.gov/portal/        May 15, 2020..........       080002
                                    0618P).                Mayor, City of Aurora, 15151   East Alameda Parkway, Aurora,   advanceSearch.
                                                           East Alameda Parkway,          CO 80012.
                                                           Aurora, CO 80012.
    Arapahoe.....................  City of Centennial     The Honorable Stephanie Piko,  Southeast Metro Stormwater      https://msc.fema.gov/portal/        May 1, 2020...........       080315
                                    (19-08-0550P).         Mayor, City of Centennial,     Authority, 76 Inverness Drive   advanceSearch.
                                                           13133 East Arapahoe Road,      East, Suite A, Englewood, CO
                                                           Centennial, CO 80112.          80112.

    Arapahoe.....................  City of Centennial     The Honorable Stephanie Piko,  Southeast Metro Stormwater      https://msc.fema.gov/portal/        May 15, 2020..........       080315
                                    (19-08-0618P).         Mayor, City of Centennial,     Authority, 76 Inverness Drive   advanceSearch.
                                                           13133 East Arapahoe Road,      East, Suite A, Englewood, CO
                                                           Centennial, CO 80112.          80112.
    Arapahoe.....................  Unincorporated areas   The Honorable Jeff Baker,      Arapahoe County Public Works    https://msc.fema.gov/portal/        May 1, 2020...........       080011
                                    of Arapahoe County     Chairman, Arapahoe County      and Development Department,     advanceSearch.
                                    (19-08-0550P).         Board of Commissioners, 5334   6924 South Lima Street,
                                                           South Prince Street,           Centennial, CO 80112.
                                                           Littleton, CO 80120.
    Arapahoe.....................  Unincorporated areas   The Honorable Jeff Baker,      Arapahoe County Public Works    https://msc.fema.gov/portal/        May 15, 2020..........       080011
                                    of Arapahoe County     Chairman, Arapahoe County      and Development Department,     advanceSearch.
                                    (19-08-0618P).         Board of Commissioners, 5334   6924 South Lima Street,
                                                           South Prince Street,           Centennial, CO 80112.
                                                           Littleton, CO 80120.
    Douglas......................  Unincorporated areas   The Honorable Roger A.         Public Works Engineering        https://msc.fema.gov/portal/        May 15, 2020..........       080049
                                    of Douglas County      Partridge, Chairman, Douglas   Division, 100 3rd Street,       advanceSearch.
                                    (19-08-0888P).         County Board of                Castle Rock, CO 80104.
                                                           Commissioners, 100 3rd
                                                           Street, Castle Rock, CO
                                                           80104.
Connecticut: Fairfield...........  City of Stamford (19-  The Honorable David Martin,    City Hall, 888 Washington       https://msc.fema.gov/portal/        Apr. 13, 2020.........       090015
                                    01-1380P).             Mayor, City of Stamford, 888   Boulevard, Stamford, CT         advanceSearch.
                                                           Washington Boulevard,          06901.
                                                           Stamford, CT 06901.
Florida:
    Hillsborough.................  City of Tampa (19-04-  The Honorable Jane Castor,     Development Services Center,    https://msc.fema.gov/portal/        May 18, 2020..........       120114
                                    6204P).                Mayor, City of Tampa, 306      1400 North Boulevard, Tampa,    advanceSearch.
                                                           East Jackson Street, Tampa,    FL 33607.
                                                           FL 33602.
    Monroe.......................  Unincorporated areas   The Honorable Heather          Monroe County Building          https://msc.fema.gov/portal/        Apr. 27, 2020.........       125129
                                    of Monroe County (20-  Carruthers, Mayor, Monroe      Department, 2798 Overseas       advanceSearch.
                                    04-0041P).             County Board of                Highway, Suite 300, Marathon,
                                                           Commissioners, 500 Whitehead   FL 33050.
                                                           Street, Suite 102, Key West,
                                                           FL 33040.
    Monroe.......................  Unincorporated areas   The Honorable Heather          Monroe County Building          https://msc.fema.gov/portal/        Apr. 28, 2020.........       125129
                                    of Monroe County (20-  Carruthers, Mayor, Monroe      Department, 2798 Overseas       advanceSearch.
                                    04-0057P).             County Board of                Highway, Suite 300, Marathon,
                                                           Commissioners, 500 Whitehead   FL 33050.
                                                           Street, Suite 102, Key West,
                                                           FL 33040.
Louisiana: St. Tammany...........  Unincorporated areas   Mr. Michael B. Cooper, St.     St. Tammany Parish Department   https://msc.fema.gov/portal/        Apr. 16, 2020.........       225205
                                    of St. Tammany         Tammany Parish President,      of Inspections and              advanceSearch.
                                    Parish (19-06-         21490 Koop Drive,              Enforcement, 21454 Koop
                                    0185P).                Mandeville, LA 70471.          Drive, Mandeville, LA 70471.
North Carolina:
    Durham.......................  City of Durham (19-04- The Honorable Steve Schewel,   Durham City-County Hall, 101    https://msc.fema.gov/portal/        May 13, 2020..........       370086
                                    5407P).                Mayor, City of Durham, 101     City Hall Plaza, Durham, NC     advanceSearch.
                                                           City Hall Plaza, Durham, NC    27701.
                                                           27701.
    Durham.......................  Unincorporated areas   The Honorable Wendy Jones,     Durham City-County Hall, 101    https://msc.fema.gov/portal/        May 13, 2020..........       370085
                                    of Durham County (19-  Chair, Durham County Board     City Hall Plaza, Durham, NC     advanceSearch.
                                    04-5407P).             of Commissioners, 200 East     27701.
                                                           Main Street, Durham, NC
                                                           27701.
    Guilford.....................  City of High Point     The Honorable Jay W. Wagner,   City Hall, 211 South Hamilton   https://msc.fema.gov/portal/        Apr. 17, 2020.........       370113
                                    (19-04-4081P).         Mayor, City of High Point ,    Street, High Point, NC 27261.   advanceSearch.
                                                           P.O. Box 230, High Point, NC
                                                           27261.
Oklahoma: Canadian...............  City of Oklahoma City  The Honorable David Holt,      Department of Public Works,     https://msc.fema.gov/portal/        Apr. 7, 2020..........       405378
                                    (19-06-3335P).         Mayor, City of Oklahoma        420 West Main Street, Suite     advanceSearch.
                                                           City, 200 North Walker         700, Oklahoma City, OK 73102.
                                                           Avenue, Oklahoma City, OK
                                                           73102.
South Carolina:
    Charleston...................  City of Isle of Palms  Ms. Desiree Fragoso, City of   Building and Planning           https://msc.fema.gov/portal/        May 4, 2020...........       455416
                                    (19-04-6832P).         Isle of Palms Administrator,   Department, 1207 Palm           advanceSearch.
                                                           1207 Palm Boulevard, Isle of   Boulevard, Isle of Palms, SC
                                                           Palms, SC 29451.               29451.

    Georgetown...................  Unincorporated areas   Mr. Sel Hemingway, Georgetown  Georgetown County Building      https://msc.fema.gov/portal/        Apr. 30, 2020.........       450085
                                    of Georgetown County   County Administrator, 716      Department, 129 Screven         advanceSearch.
                                    (19-04-6806P).         Prince Street, Georgetown,     Street, Georgetown, SC 29440.
                                                           SC 29440.
Texas:
    Bexar........................  City of Live Oak (19-  The Honorable Mary M. Dennis,  Public Works Department, 8001   https://msc.fema.gov/portal/        Apr. 20, 2020.........       480043
                                    06-2060P).             Mayor, City of Live Oak,       Shin Oak Drive, Live Oak, TX    advanceSearch.
                                                           8001 Shin Oak Drive, Live      78233.
                                                           Oak, TX 78233.
    Bexar........................  City of San Antonio    The Honorable Ron Nirenberg,   Transportation and Capital      https://msc.fema.gov/portal/        Apr. 20, 2020.........       480045
                                    (18-06-1183P).         Mayor, City of San Antonio,    Improvements Department,        advanceSearch.
                                                           P.O. Box 839966, San           Storm Water Division, 114
                                                           Antonio, TX 78283.             West Commerce Street, 7th
                                                                                Floor, San Antonio, TX 78205.
    Collin.......................  City of Allen (19-06-  The Honorable Stephen          Engineering and Traffic         https://msc.fema.gov/portal/        May 8, 2020...........       480131
                                    3850P).                Terrell, Mayor, City of        Department, 305 Century         advanceSearch.
                                                           Allen, 305 Century Parkway,    Parkway, Allen, TX 75013.
                                                           1st Floor, Allen, TX 75013.
    Collin.......................  City of Celina (19-06- The Honorable Sean Terry,      City Hall, 142 North Ohio       https://msc.fema.gov/portal/        May 18, 2020..........       480133
                                    2325P).                Mayor, City of Celina, 142     Street, Celina, TX 75009.       advanceSearch.
                                                           North Ohio Street, Celina,
                                                           TX 75009.
    Collin.......................  Unincorporated areas   The Honorable Chris Hill,      Collin County Engineering       https://msc.fema.gov/portal/        May 18, 2020..........       480130
                                    of Collin County (19-  Collin County Judge, 2300      Department, 4690 Community      advanceSearch.
                                    06-2325P).             Bloomdale Road, Suite 4192,    Avenue, Suite 200, McKinney,
                                                           McKinney, TX 75071.            TX 75071.
    Harris.......................  Unincorporated areas   The Honorable Lina Hidalgo,    Harris County Engineering       https://msc.fema.gov/portal/        Apr. 27, 2020.........       480287
                                    of Harris County (19-  Harris County Judge, 1001      Department, 1001 Preston        advanceSearch.
                                    06-1115P).             Preston Street, Suite 911,     Street, 7th Floor, Houston,
                                                           Houston, TX 77002.             TX 77002.
    Tarrant......................  City of Keller (19-06- The Honorable Pat McGrail,     City Hall, 1100 Bear Creek      https://msc.fema.gov/portal/        Apr. 16, 2020.........       480602
                                    3734P).                Mayor, City of Keller, P.O.    Parkway, Keller, TX 76248.      advanceSearch.
                                                           Box 770, Keller, TX 76244.
    Waller.......................  Unincorporated areas   The Honorable Carbett          Waller County Engineering       https://msc.fema.gov/portal/        Apr. 27, 2020.........       480640
                                    of Waller County (19-  ``Trey'' J. Duhon, III,        Department, 775 Business        advanceSearch.
                                    06-1115P).             Waller County Judge, 836       Highway 290 East, Hempstead,
                                                           Austin Street, Suite 203,      TX 77445.
                                                           Hempstead, TX 77445.
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[FR Doc. 2020-02459 Filed 2-6-20; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Notices]
[Page 13678]
[FR Doc No: 2019-06634]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4415-DR; Docket ID FEMA-2019-0001]

Mississippi; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-4415-DR), dated February 14, 2019,
and related determinations.

DATES: This amendment was issued March 20, 2019.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Mississippi is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of February 14, 2019.

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

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-06634 Filed 4-4-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20784-20785]
[FR Doc No: 2014-08263]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0035]

Drawbridge Operation Regulation; St. Croix River, Stillwater, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation; request for
comments.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Stillwater Highway Drawbridge
across the St. Croix River, mile 23.4, at Stillwater, Minnesota. The
deviation was requested by the City of Stillwater to perform a
functional review of drawspan operation needs during the navigation
season due to growing traffic congestion. This deviation will test an
altered opening schedule operated Monday through Friday (Except Federal
Holidays) for approximately 5 months.

DATES: This deviation is effective from May 15, 2014 through October
15, 2014. Comments and related material must be received by the Coast
Guard on or before July 15, 2014. A public meeting will be held April
16, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0035 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
methods. The public meeting will be held at the City of Stillwater
Council Chambers Meeting Room, 216 North Forth Street, Stillwater,
Minnesota.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast Guard; telephone

(314) 269-2378, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Public Participation and Request for Comments

    We encourage you to provide input and feedback during this
temporary deviation by submitting comments and related materials. All
comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have
provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
deviation (USCG-2014-0035), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, type the docket number (USCG-2014-
0035) in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a
Comment'' on the line associated with this deviation. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit them by mail and would like to know
that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change or cancel
this deviation based on your comments.

2. Viewing Comments and Document

    To view comments, as well as document mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number (USCG-2014-0035) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this deviation. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

    A public meeting explaining the details and altered schedule for
this deviation will be held April 16, 2014, at 6 p.m. in the City of
Stillwater Council Chambers Meeting Room, 216 North Forth Street,
Stillwater, Minnesota. This public meeting has also been noticed to the
public through local avenues. We plan to record this meeting via audio
and will upload a transcript for the meeting to the docket, which is
accessible as explained under ADDRESSES. For information on facilities
or services for individuals with disabilities or to request special
assistance at the public meeting, contact the person listed above under
the FOR FURTHER INFORMATION CONTACT section of this notice.
    The City of Stillwater, Minnesota, requested a temporary deviation
for the Stillwater Highway Drawbridge, across the St. Croix River, mile
23.4, at Stillwater, Minnesota. The existing operating schedule for
this bridge was established approximately 20 years ago. This deviation
is intended to test the operational needs of this drawbridge due to
changes and growing congestion in the area. This deviation is temporary
for the 2014 navigation season only. A new bridge in the area is
planned to be completed in 2016 and the Stillwater Highway Bridge would
then be altered to a pedestrian only bridge. Comments received in
response to and the effects of this deviation will be taken into
consideration both during the 2015 navigation season and in preparation
for changes that may be necessary in 2016.
    The temporary deviation will occur from May 15 through October 15,
2014, and the bridge will open on signal Monday through Friday, except
Federal Holidays from:
    (i) 8 a.m. to 1 p.m., every hour on the hour;
    (ii) 1 p.m. to 3 p.m., every half hour;
    (iii) 3:30 p.m. to 7 p.m., at 4 p.m., 6 p.m. and 7 p.m.;
    (iv) 7 p.m. to 10 p.m., every half hour; and
    (v) 10 p.m. to 8 a.m., upon at least two hours notice.
    The Stillwater Highway Drawbridge currently operates in accordance
with 33 CFR 117.667(b), which states specific seasonal and commuter
hours operating requirements.
    There are no alternate routes for vessels transiting this section
of the St. Croix River.
    The Stillwater Highway Drawbridge, in the closed-to-navigation
position, provides a vertical clearance of 10.9 feet above normal pool.
Navigation on the waterway primarily consists of commercial
sightseeing/dinner cruise boats and recreational watercraft. This
temporary deviation has been coordinated with waterway users. One
objection to this deviation was received and will be available in the
docket as indicated under ADDRESSES. This objection will also be
presented at the public meeting on April 16. This deviation action will
be monitored throughout its implementation, and if at any time it is
determined a condition of unreasonable impediment to navigation exists,
the deviation may be revised or cancelled.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 1, 2014.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2014-08263 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Proposed Rules]
[Pages 56587-56590]
[FR Doc No: 2012-22597]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0811]
RIN 1625-AA00

Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to extend the temporary safety zone
established on the waters of the Atlantic Intracoastal Waterway at Oak
Island,

North Carolina. The safety zone is necessary to provide for the safety
of mariners on navigable waters during maintenance on the NC 133 Fixed
Bridge crossing the Atlantic Intracoastal Waterway, mile 311.8, at Oak
Island, North Carolina. The safety zone extension would temporarily
restrict vessel movement within the designated area starting on
December 12, 2012 through February 14, 2013.

DATES: Comments and related material must be received by the Coast
Guard on or before September 28, 2012.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2012-0811 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2012-0811 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The safety zone at issue was initially established in a previous
rulemaking under docket number USCG-2012-0431. We published a Notice of
Proposed Rulemaking on June 15, 2012 (77 FR 35906), and after receiving
no comments, we published a temporary final rule on July 30, 2012 (44
FR 44466).

C. Basis and Purpose

    North Carolina Department of Transportation has awarded a contract
to Marine Contracting Corporation of Virginia Beach, Virginia to
perform bridge maintenance on the NC 133 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile 311.8, at Oak Island, North
Carolina. The contract provides for replacing the fender system to
commence on September 12, 2012 with a completion date of December 12,
2012. The contractor has been granted an extension by North Carolina
Department of Transportation until February 14, 2013 to complete the
bridge maintenance. The contractor will utilize a 140 foot deck barge
with a 40 foot beam as a work platform and for equipment staging. A
safety zone is needed to provide a safety buffer to transiting vessels
as bridge repairs present potential hazards to mariners and property
due to reduction of horizontal clearance.

D. Discussion of Proposed Rule

    The proposed temporary safety zone will encompass the waters
directly under the NC 133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina
(33[deg]55'18'' N/078[deg]04'22'' W). All vessels transiting this
section of the waterway requiring a horizontal clearance of greater
than 50 feet will be required to make a one hour advanced notification
to the work supervisor at the NC 133 Fixed Bridge while the safety zone
is in effect. A safety zone is currently in effect from 8 a.m.
September 12, 2012 through 8 p.m. December 12, 2012, and

we are proposing to extend its duration until 8 p.m. February 14, 2013.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule would not
restrict traffic from transiting a portion of the Atlantic Intracoastal
Waterway, it would only impose a one hour notification to ensure the
waterway is clear of impediment to allow passage to vessels requiring a
horizontal clearance of greater than 50 feet.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would affect the following entities,
some of which may be small entities: the owners or operators of
commercial tug and barge companies, recreational and commercial fishing
vessels intending to transit the specified portion of Atlantic
Intracoastal Waterway from 8 p.m. December 12, 2012 through 8 p.m.
February 14, 2013.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone would apply to this section of the Atlantic
Intracoastal Waterway, vessel traffic would be able to request passage
by providing a one hour advanced notification. Before the effective
period, the Coast Guard would issue maritime advisories widely
available to the users of the waterway. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland

Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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 proposed rule
involves the establishment of a temporary safety zone. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

    2. Add Sec.  165.T05-0811 to read as follows:

Sec.  165.T05-0811  Safety Zone; Atlantic Intracoastal Waterway, Oak
Island, NC.

    (a) Regulated Area. The following area is a safety zone: This zone
includes the waters directly under and 100 yards either side of the NC
133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
311.8, at Oak Island, North Carolina (33[deg]55'18'' N/078[deg]04'22''
W).
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05-0811. In addition the following regulations apply:
    (1) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the NC 133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina must
contact the work supervisor on VHF-FM marine band radio channels 13 and
16 one hour in advance of intended transit.
    (2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
    (3) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(c) Definitions.
    (1) Captain of the Port North Carolina means the Commander, Coast
Guard Sector North Carolina or any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port North Carolina to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (3) Work Supervisor means the contractors on site representative.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from through
8 p.m. December 12, 2012 through 8 p.m. February 14, 2013 unless
cancelled earlier by the Captain of the Port.

    Dated: August 30, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-22597 Filed 9-12-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5552-5553]
[FR Doc No: 2017-00987]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2722-007.
    Applicants: Eurus Combine Hills I LLC.
    Description: Notice of Non-Material Change in Status of Eurus
Combine Hills I LLC.

    Filed Date: 1/11/17.
    Accession Number: 20170111-5096.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER16-1724-001.
    Applicants: Paulding Wind Farm III LLC.
    Description: Notice of Non-Material Change in Status of Paulding
Wind Farm III LLC.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5075.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-204-001.
    Applicants: Quantum Power Corp.
    Description: Tariff Amendment: MBR Tariff Amendment Filing to be
effective 1/1/2017.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5046.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-771-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Queue Position AB1-098,
Original Service Agreement No. 4595 to be effective 12/12/2016.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5031.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-772-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Order No. 825 Compliance Filing to
be effective 5/11/2017.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5077.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-773-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 154-
Concurrence RS 76-Cancel RS 77 and RS147 to be effective 1/1/2017.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5083.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-774-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Compliance filing: Compliance with Order No. 825;
Docket No. RM15-24-000 to be effective 12/1/2017.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5084.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-775-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance Filing pursuant to
Commission's Final Rule in RM15-24; Order No. 825 to be effective 2/1/
2018.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5108.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-776-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Initial rate filing: Certificate of Concurrence in
LGIA to be effective 3/6/2017.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5109.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-777-000.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2017-01-11 Order No. 825 Compliance
to be effective N/A.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5112.
    Comments Due: 5 p.m. ET 2/1/17.

    Docket Numbers: ER17-778-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2017-01-11_Order 825 Price
Formation Compliance Filing to be effective 3/1/2018.
    Filed Date: 1/11/17.
    Accession Number: 20170111-5125.
    Comments Due: 5 p.m. ET 2/1/17.

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

    Dated: January 11, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-00987 Filed 1-17-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Notices]
[Page 58773-58774]
[DOCID:fr07oc05-148]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52542; File No. SR-PCX-2005-85]

Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of
Filing of Proposed Rule Change and Amendment Nos. 2 and 3 Thereto
Relating to Exposure of Orders in the PCX Plus Crossing Mechanism

September 30, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 19, 2005, the Pacific Exchange, Inc. (``PCX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the PCX. The PCX filed Amendment No. 1 to
the proposed rule change on September 20, 2005 and withdrew Amendment
No. 1 on September 22, 2005. The PCX filed Amendment No. 2 to the
proposed rule change on September 23, 2005.\3\ The PCX filed Amendment
No. 3 to the proposed rule change on September 27, 2005.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 2, the PCX clarified its statement of the
purpose of the proposed rule change, corrected certain terminology
that was inadvertently used in the rule text set forth in the
original proposal, and corrected typographical errors in the text of
the current rule.
    \4\ In Amendment No. 3, the PCX corrected Exhibit 4 to Amendment
No. 2.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The PCX is proposing to decrease the exposure period in its
Crossing Mechanism from 30 seconds to 10 seconds. Minor changes are
also proposed to correct typographical errors in existing rule text.
The text of the proposed rule change is available on the PCX's Web site
(http://www.pacificex.com), at the PCX's Office of the Secretary, and

at the Commission's Public Reference Room.

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

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

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

1. Purpose
    PCX rules provide that a PCX Broker may not facilitate orders or
cross two orders, using the Crossing Mechanism of the PCX Plus System
(``PCX Plus'' or ``System''), unless it enters into the System the
terms of each order that is to be included as part of a Cross Order,\5\
pursuant to PCX Rule 6.76(c)(2)(A). Both facilitation crosses and non-
facilitation crosses are executed in the same manner in PCX Plus. Upon
entry into PCX Plus, the System will evaluate the terms of the Cross
Order and, after accepting the Cross Order, will execute the cross in
accordance with PCX Rule 6.76(c)(2)(B). Among other conditions, Rule
6.76(c)(2)(B) requires a 30-second exposure period in which OTP Holders
and OTP Firms may enter orders to trade against the side of the Cross
Order that has been designated as the Exposed Order.\6\ It is this
portion of the Crossing Mechanism rule that the PCX proposes to change.
---------------------------------------------------------------------------

    \5\ See PCX Rule 6.76(c)(1)(A), which defines Cross Order for
the purposes of PCX Rule 6.76(c) as ``two orders with instructions
to match the identified buy-side with the identified sell-side at a
specified price (the ``Cross Price'').''
    \6\ See PCX Rule 6.76(c)(1)(D), which defines ``Exposed Order''
as follows: ``the buy or sell side of a Cross Order that has been
designated by a PCX Broker as the side to be exposed to the market
and that is eligible for execution against all trading interest.
Public Customer orders will always be deemed to be the Exposed Order
in a Cross Order. In the case of a Cross Order involving a non-
customer on both the buy side and sell side, the PCX Broker must
designate one side of the Cross Order as the Exposed Order.''
---------------------------------------------------------------------------

    The Exchange proposes to shorten the duration of the exposure
period contained in the rules governing the Crossing Mechanism, as set
forth in PCX Rule 6.76(c)(2)(B)(i)(a) and PCX Rule
6.76(c)(2)(B)(ii)(b),\7\ from 30 seconds to 10 seconds. This shortened
exposure period is fully consistent with the electronic nature of the
System. Market participants on the PCX have implemented systems that
monitor any updates to the PCX market including any changes resulting
from orders being entered into the Crossing Mechanism and can
automatically respond based upon pre-set parameters. In this electronic
environment, it is not necessary to provide an exposure time
sufficiently long to permit a person to manually respond to an updated
market in order to provide the opportunity for crowd interaction. Thus,
an exposure period of 10 seconds will permit exposure of orders on the
PCX in a manner consistent with the Exchange's electronic market.
---------------------------------------------------------------------------

    \7\ PCX Rules 6.76(c)(2)(B)(i) and 6.76(c)(2)(B)(ii) govern the
execution of Cross Orders when the Cross Price is between the Best
Bid and Offer (``BBO'') and when it is at the BBO, respectively.
---------------------------------------------------------------------------

    By reducing the exposure period from 30 seconds to 10 seconds the
PCX believes that OTP Holders and OTP Firms will be able to provide
liquidity to their customers' orders on a timelier basis, thus
providing investors with more speedy executions. Timely and accurate
executions are consistent with the principles under which PCX Plus was
developed.
    The PCX also proposes to change a phrase in the text in Rule
6.76(c)(2)(B)(i)(b) and Rule 6.76(c)(2)(B)(ii)(b) from ``OTP Holder or
OTP Firm'' to ``OTP Holders and OTP Firms''. It has always been the
intent of the PCX to have the pluralized version of the terms as part
of the rules.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \8\ that an exchange have rules that
are designed 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. In particular, the proposed rule change will provide
investors with more timely execution of their options orders, while
ensuring that there is an adequate exposure of all crossing orders in
the PCX marketplace.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The

Exchange has not received any unsolicited written comments from members
or other interested parties.

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

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

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-PCX-2005-85 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-PCX-2005-85. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of the PCX. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-PCX-2005-85 and should be submitted on or before October
28, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5525 Filed 10-6-05; 8:45 am]

BILLING CODE 8010-01-P