[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Notices]
[Pages 67770-67771]
[FR Doc No: 2019-26648]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before January 10, 2020.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on December 5, 2019.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

------------------------------------------------------------------------
                                                        Nature of the
 Application No.     Applicant      Regulation(s)      special permits
                                       affected            thereof
------------------------------------------------------------------------
                          SPECIAL PERMITS DATA
------------------------------------------------------------------------
20970-N.........  Union Tank Car   172.203(a),      To authorize the
                   Company.         172.302(c),      transportation in
                                    173.247(a).      commerce of DOT 117
                                                     tank cars
                                                     containing elevated
                                                     temperature
                                                     materials. (mode
                                                     2).
20971-N.........  Pro-dex, Inc...  172.102(c)(2)..  To authorize the
                                                     transportation in
                                                     commerce of lithium
                                                     ion batteries at a
                                                     state of charge
                                                     greater than 30
                                                     percent by air.
                                                     (mode 4).
20972-N.........  Distributor      173.159(e)(1)..  To authorize the
                   Operations,                       transportation in
                   Inc.                              commerce of
                                                     electric storage
                                                     batteries under the
                                                     exception in
                                                     173.159(e) when
                                                     other hazardous
                                                     materials are
                                                     present on the
                                                     vehicle. (mode 1).
20973-N.........  Olin Winchester  172.203(a),      To authorize the
                   Llc.             173.63(b)(2)(v   transportation in
                                    ).               commerce of 22
                                                     caliber (or less)
                                                     rim-fire cartridges
                                                     packaged loose in
                                                     strong outer
                                                     packagings. (modes
                                                     1, 2, 3, 4, 5).
20974-N.........  Psc Custom Lp..  172.101(i),      To authorize the
                                    173.302.         transportation in
                                                     commerce of methane
                                                     gas in MC 331
                                                     specification cargo
                                                     tanks. (mode 1).
20975-N.........  Csl Behring      173.197........  To authorize the
                   L.l.c.                            transportation in
                                                     commerce of
                                                     regulated medical
                                                     waste in UN 11G
                                                     packaging. (mode
                                                     1).
20978-N.........  Airopack B.v...  ...............  To authorize the
                                                     transportation in
                                                     commerce of
                                                     receptacles
                                                     manufactured under
                                                     SP-20673 as not
                                                     subject to the HMR
                                                     when charged with
                                                     no more than 55 ml
                                                     of compressed air
                                                     for the purpose of
                                                     expelling a liquid,
                                                     paste, or powder.
                                                     (modes 1, 2, 3, 4,
                                                     5).
20979-N.........  Northrop         ...............  To authorize the
                   Grumman                           transportation in
                   Innovation                        commerce of
                   Systems, Inc.                     hazardous materials
                                                     over 422 feet of
                                                     public roadways
                                                     without being
                                                     subject to the HMR.
                                                     (mode 1).
20981-N.........  Republic         172.200,         To authorize the
                   Helicopters,     172.300,         transportation in
                   Inc.             172.400,         commerce of
                                    173.27,          refrigerating units
                                    175.30, 175.33.  via rotocraft
                                                     external loads.
                                                     (mode 4).
20982-N.........  Ford Motor       172.101(j).....  To authorize the
                   Company.                          transportation in
                                                     commerce of lithium
                                                     ion batteries
                                                     exceeding 35 kg
                                                     aboard cargo-only
                                                     aircraft. (mode 4).
20983-N.........  Roth Global      173.302a(a)(1).  To authorize the
                   Plastics Inc.                     transportation in
                                                     commerce of
                                                     Division 2.2
                                                     materials in non-
                                                     DOT specification
                                                     cylinders
                                                     (accumulators).
                                                     (modes 1, 2, 3, 4).
20984-N.........  Midway Arms,     172.315(a)(2)..  To authorize the
                   Inc.                              transportation in
                                                     commerce of
                                                     packages containing
                                                     limited quantities
                                                     of hazardous
                                                     materials that are
                                                     marked with a
                                                     reduced sized
                                                     limited quantity
                                                     marking. (modes 1,
                                                     2, 3).
------------------------------------------------------------------------

[FR Doc. 2019-26648 Filed 12-10-19; 8:45 am]
 BILLING CODE 4909-60-P


[Federal Register: October 22, 2009 (Volume 74, Number 203)]
[Notices]
[Page 54605-54607]
[DOCID:fr22oc09-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60826; File No. SR-BX-2009-062]

Self-Regulatory Organizations; NASDAQ OMX BX; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Rule
7015 Governing Access Services To Add an Additional Service and Related
Fee, and To Make a Technical Change

October 14, 2009.
    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 October 5, 2009, NASDAQ OMX BX, Inc. (``BX'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by BX. The Commission is publishing this notice to solicit
comments on the proposed rule from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    BX proposes to amend Rule 7015 to make a new service, TradeInfo BX,
available to members and charge a related fee. The text of the proposed
rule change is below. Proposed new language is italicized and proposed
deletions are in brackets.

7015. Access Services

    The following charges are assessed by the Exchange for ports to
establish connectivity to the NASDAQ OMX BX Equities Market, as well as
ports to receive data from the NASDAQ OMX BX Equities Market:
     $400 per month for each port pair, other than Multicast
ITCH[reg] data feed pairs, for which the fee is $1000 per month.
[Additional OUCH port pairs beyond 15 are at no cost for the months of
May, June and July 2009. For August 2009, OUCH port pairs beyond 15
will be assessed a pro rata charge on the basis of the number of
trading days during the month during which the anti-internalization
functionality introduced by Equity Rule 4757(a)(3) is available to
market participants.]
     Internet Ports: An additional $200 per month for each
Internet port that requires additional bandwidth.
     TradeInfo BX is available to Members for a fee of $95 per
user per month.
* * * * *

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

    In its filing with the Commission, BX 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. BX 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
    BX proposes to amend Rule 7015 to initiate fees of $95 per month
per user for its Web-based TradeInfo BX product. Through a secure Web
connection, TradeInfo BX allows subscribing members to scan for their
orders submitted to BX. Members can scan for all orders in a particular
security or all orders of a particular type, regardless of their status
(open, canceled, executed, etc.). Members are also able to cancel open
orders at the order, port or MPID level. For example, after scanning
for open orders, the member is then able to select an open order and
cancel the order. TradeInfo BX also allows members to scan other order
statuses, such as executed, cancelled, broken, rejected and suspended
orders. TradeInfo BX enables members to generate reports of execution,
order or cancel information, which can be exported into a spreadsheet
for review. Under the proposed rule, TradeInfo BX will be available
solely to BX members.
    The Nasdaq Stock Market (``Nasdaq'') TradeInfo product is currently
offered to Nasdaq members and BX is proposing to offer the same
functionality to BX members with respect to BX equity orders as is
provided to Nasdaq members with respect to their Nasdaq equity orders.
BX notes that in December 2006, Nasdaq filed with the Commission a rule
change to charge subscribing Nasdaq members $95 per month, per user for
the Nasdaq-based TradeInfo product.\3\ Because the TradeInfo BX product
provides the same functionality with respect to BX members' equity
orders on BX as is provided by the Nasdaq TradeInfo product with
respect to Nasdaq equity orders, BX is proposing to offer TradeInfo BX
for the same fee of $95 per month, per user as is currently charged by
Nasdaq.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 55135 (January 19,
2007), 72 FR 3893 (January 26, 2007) (SR-NASDAQ-2006-062).
---------------------------------------------------------------------------

    BX is also proposing to eliminate language from Rule 7015 that
discusses temporary pricing for additional OUCH port pairs beyond 15,
which has since expired. BX suspended fees for OUCH port pairs for the
months of May, June and July 2009 so that BX could implement an anti-
internalization function, the absence of which was causing members to
purchase additional OUCH ports that they would otherwise not need
solely to avoid unwanted execution against their customer orders.\4\
With the anticipated August 2009 implementation of the anti-
internalization function, BX adopted a pro-rated fee for the month of
August 2009 based on the number of trading days the anti-
internalization function was available in that month.\5\ The anti-
internalization function was implemented on August 3, 2009.
Accordingly, BX is eliminating reference in Rule 7015 to the temporary
pricing.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 59894 (May 8, 2009), 74
FR 23000 (May 15, 2009) (SR-BX-2009-023); see also Securities
Exchange Act Release No. 60257 (July 7, 2009), 74 FR 34060 (July 14,
2009) (SR-BX-2009-036).
    \5\ Securities Exchange Act Release No. 60503 (August 14, 2009),
74 FR 42346 (August 21, 2009) (SR-BX-2009-046).
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2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\6\ in general, and with Section
6(b)(4) of the Act,\7\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which BX operates or controls. The proposed fee change applies
uniformly to all BX members and is equal to the fee charged to Nasdaq
members for the same functionality provided with respect to Nasdaq
orders.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    BX also believes that the proposed rule change is consistent with
the provisions of Section 6(b)(5) of the Act \8\ in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change
amends Rule 7015 to add TradeInfo BX, a new Web-based product available
to BX members to assist them with their management of BX orders, a
Nasdaq version of which is currently offered to Nasdaq members for
their Nasdaq orders. In addition, BX is proposing to offer the new
product to BX members for the same fee as is currently charged to
Nasdaq members for the analogous Nasdaq product. Last, BX is proposing
to eliminate rule text that had a limited timeframe during which it
applied, which has since expired. The elimination of the expired rule
text will serve to avoid potential confusion that may be caused by
keeping such text in the rules.
---------------------------------------------------------------------------

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

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
BX has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \12\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the

public interest. BX requests that the Commission waive the 30-day
operative delay so that this proposed rule change to implement
TradeInfo BX will immediately assist BX members in the management of
their orders. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because it will allow BX members the capability to scan their
orders, cancel open orders (e.g., should the member experience
technical difficulties with its systems or connections), and reconcile
its record of orders against data provide in the TradeInfo BX
reports.\13\ Additionally, this product will allow subscribing members
to immediately take advantage of the different types of TradeInfo BX
open order cancellation capabilities: either canceling a single open
order, canceling all open orders associated with a particular
connection, or canceling all open orders associate with a particular
MPID. Application of the new rule should help foster consistency among
those exchanges that adopt rules substantially similar to those
previously approved by the Commission.\14\ For these reasons, the
Commission designates that the proposed rule change become immediately
operative.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposal's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \14\ See supra note 3 and accompanying text.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-062 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-062. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-BX-2009-062 and should be
submitted on or before November 12, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25339 Filed 10-21-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23449-23450]
[FR Doc No: 2018-10728]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-147-000]

Notice of Complaint; Alabama Municipal Electric Authority and
Cooperative Energy v. Alabama Power Company, Georgia Power Company,
Gulf Power Company, Mississippi Power Company and Southern Company
Services, Inc.

    Take notice that on May 10, 2018, pursuant to sections 206 and 306,
of the Federal Power Act, 16 U.S.C. 824e and 825e (2012) and Rule 206
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206 (2018), Alabama Municipal
Electric Authority and Cooperative Energy (collectively, Joint
Complainants) filed a formal complaint against Alabama Power Company,
Georgia Power Company, Gulf Power Company, Mississippi Power Company
and Southern Company Services, Inc., acting as an agent for the
transmission owning subsidiaries of the Southern Company (collectively,
Southern Companies or Respondents) alleging that the 11.25% base return
on common equity currently included in the formula transmission rate of
the Southern Companies is unjust and unreasonable and should be reduced
with refunds made effective as of the filing date of the Complaint, as
more fully explained in the complaint.
    Joint Complainants certify that copies of the complaint were served
in accordance with rule 206(c).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondents'
answer and all interventions, or protests must be filed on or before
the comment date. The Respondents' answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission,

888 First Street NE, Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email [email protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 4, 2018.

    Dated: May 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-10728 Filed 5-18-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Pages 22094-22095]
[FR Doc No: 2011-9560]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP11-184-000]

Millennium Pipeline Company, L.L.C.; Notice of Request Under
Blanket Authorization

    Take notice that on April 8, 2011, Millennium Pipeline Company,
L.L.C. (Millennium), One Blue Hill Plaza, Seventh Floor, P.O. Box 1565,
Pearl River, New York 10965, filed in Docket No. CP11-184-000, an
application pursuant to sections 157.205 and 157.208 of the
Commission's Regulations under the Natural Gas Act (NGA) as amended, to
construct, own, and operate the Corning Flow Reversal Project at
Millennium's Corning compressor station in Steuben County, New York,
under Millennium's blanket certificate issued in Docket No. CP98-155-
000,\1\ all as more fully set forth in the application which is on file
with the Commission and open to the public for inspection.
---------------------------------------------------------------------------

    \1\ 100 FERC ] 62,172 (1982).
---------------------------------------------------------------------------

    Millennium proposes to modify facilities interconnecting
Millennium's system with the system of Empire Pipeline, Inc. (Empire)
by replacing two existing valves and adding six new valves and piping
at Millennium's Corning compressor station in Steuben County.
Millennium also proposes to increase the maximum allowable operating
pressure (MAOP) of the Corning compressor station discharge piping from
1200 psig to 1350 psig. Millennium states that the increased MAOP is
necessary to permit it to occasionally reverse the flow of natural gas
on its system to transport natural gas from either its 30-inch diameter
mainline system or its A5-West pipeline via the Corning compressor
station onto the facilities of Empire, which operate at an MAOP of 1300
psig. Millennium further states that the activity associated with the
Corning Flow Reversal Project will not increase Millennium's mainline
capacity. Finally, Millennium estimates that the proposed modifications
would cost $3,400,000 to construct.
    Any questions concerning this application may be directed to Gary
A. Kruse, Vice President-General Counsel and Secretary, Millennium
Pipeline Company, L.L.C., One Blue Hill Plaza, Seventh Floor, P.O. Box
1565, Pearl River, New York 10965, telephone<PHONE_NUMBER>, facsimile
(845) 620-1320, E-mail<EMAIL_ADDRESS>or to Thomas E.
Holmberg, Baker Botts L.L.P., 1299 Pennsylvania Avenue, NW.,
Washington, DC 20004, telephone<PHONE_NUMBER>, facsimile (202) 585-
1016, or via E-mail<EMAIL_ADDRESS>    This filing is available for review at the Commission or may be
viewed on the Commission's Web site at http://www.ferc.gov, using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number filed to access the document. For
assistance, please contact FERC Online Support at FERC
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or, for
TTY, contact<PHONE_NUMBER>. Comments, protests and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
intervenors to file electronically.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR

385.214) a motion to intervene or notice of intervention and pursuant
to section 157.205 of the regulations under the NGA (18 CFR 157.205), a
protest to the request. If no protest is filed within the time allowed
therefore, the proposed activity shall be deemed to be authorized
effective the day after the time allowed for filing a protest. If a
protest is filed and not withdrawn within 30 days after the allowed
time for filing a protest, the instant request shall be treated as an
application for authorization pursuant to section 7 of the NGA.

    Dated: April 14, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-9560 Filed 4-19-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Notices]
[Pages 1621-1622]
[FR Doc No: 2023-00326]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34796; 812-15397]

Fidelity Multi-Strategy Credit Fund and Fidelity Diversifying
Solutions LLC

January 5, 2023.
AGENCY:  Securities and Exchange Commission (``Commission'' or
``SEC'').

ACTION: Notice.

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

    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c), and 18(i) of the Act, pursuant to sections 6(c) and
23(c) of the Act for certain exemptions from rule 23c-3 under the Act,
and pursuant to section 17(d) of the Act and rule 17d-1 thereunder.

SUMMARY OF APPLICATION: Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of shares and to impose asset-based service and/or distribution
fees and early withdrawal charges.

APPLICANTS: Fidelity Multi-Strategy Credit Fund, and Fidelity
Diversifying Solutions LLC.

FILING DATES: The application was filed on October 19, 2022, and
amended on November 28, 2022 and December 13, 2022.

HEARING OR NOTIFICATION OF HEARING: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on January
30, 2023, and should be accompanied by proof of service on the
Applicants, in the form of an affidavit, or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicant:
Cynthia Lo Bessette, [email protected].

FOR FURTHER INFORMATION CONTACT: Terri Jordan, Branch Chief, at (202)
551-6825 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' second amended
and restated application, dated December 13, 2022, which may be
obtained via the Commission's website by searching for the file number
at the top of this

document, or for an Applicant using the Company name search field on
the SEC's EDGAR system. The SEC's EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-00326 Filed 1-10-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Rules and Regulations]
[Pages 71693-71695]
[FR Doc No: 2015-29347]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0989]
RIN 1625-AA00

Safety Zone; Unexploded Ordnance Detonation; Passage Key, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within
a 2000-ft radius of an ordnance detonation area. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the unexploded ordnance detonation. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port St. Petersburg.

DATES: This rule is effective without actual notice from November 17,
2015 through December 18, 2015. For the purposes of enforcement, actual
notice will be used from November 6, 2015 through November 17, 2015.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0989 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 Boatswain's Mate First Class Tyrone J. Stafford, Sector
St. Petersburg Prevention Department, Coast Guard; telephone (813) 228-
2191 ext. 8307, email<EMAIL_ADDRESS>

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest''. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was not aware of the
ordinance removal operation or details needed to implement a safety
zone in time to publish an NPRM and to receive public comments. It is
impracticable and contrary to the public interest to publish an NPRM
because we must establish this safety zone by November 06, 2015 to
ensure the protection of personnel, vessels, and the marine environment
from potential hazards created by the unexploded ordnance detonation.
    We are issuing this temporary final rule and 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
for the same reasons discussed above. The need for this safety zone has
been deemed necessary as the detonation of unexploded ordnance will
occur during the dates specified in this document.
    The purpose of this event is to clear any unexploded ordnance from
a former gunnery training site. The Passage Key Air-to Ground Gunnery
Range area was formerly used for arial training during World War II.
The U.S. Army Corps of Engineers USACE will search for and destroy any
ordinance found in the vicinity of Passage Key with controlled
explosives. The safety zone will incorporate a 2000-ft buffer area
outside of the investigation and detonation area. The U.S. USACE will
be responsible for the detonation of ordnance within the specified
area.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of this rule is to protect the personnel, vessels, and
the marine environment in the navigable waters within the safety zone.

IV. Discussion of the Rule

    This rule establishes a safety zone from November 06, 2015 through
December 18, 2015. The safety zone will include waters within a 2000-ft
radius of the unexploded ordnance detonation zone around the Passage
Key Air-to-Ground Gunnery Range located in Manatee County, FL,
identified by several law enforcement vessels showing flashing blue
lights. All persons and vessels are prohibited from entering or
remaining in the safety zone unless authorized by the Captain of the
Port St. Petersburg or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around the safety zone. The safety zone
will only be enforced for a total of 36 days between the hours of 6
a.m. and 6 p.m., in a location where commercial vessel traffic is
expected to be minimal. Commercial vessel traffic may transit the
safety zone to the extent compatible with public safety if authorized
by the Captain of the Port or designated representatives. The Coast
Guard will provide advance notification of the safety zone to the local
community by a Local Notice to Mariners.

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 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
safety zone may be small entities, for the reasons stated in section
V.A, 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
contact 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 E.O. 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 E.O. 13132.

    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 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
Management Directive 023-01 and Commandant Instruction M16475.1D, 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 a safety zone lasting no more than 36 days. It will
prohibit entry within all navigable waters within a 2000-ft radius of
an unexploded ordnance detonation zone identified by law enforcement
vessels showing flashing blue lights in the vicinity of Passage Key
Air-to-Ground Gunnery Range located in Manatee County, FL. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T07-0989 to read as follows:

Sec.  165.T07-0989  Safety Zone; Unexploded Ordnance Detonation;
Passage Key, FL.

    (a) Regulated areas. The following regulated area is a safety zone;
all waters within a 2000-ft radius of the unexploded ordnance
detonation zone around the Passage Key Air-to-Ground Gunnery Range
located in Manatee County, FL, identified by several law enforcement
vessels showing flashing blue lights.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard boat coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officials designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
    (c) Enforcement period. This rule is effective without actual
notice from November 17, 2015 through December 18, 2015. For purposes
of enforcement, actual notice will be used from November 6, 2015
through November 17, 2015.
    (d) Regulations. (1) All persons and vessels desiring to enter or
remain within the regulated area may contact the Captain of the Port
St. Petersburg by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
    (2) If authorization to enter or remain within the regulated area
is granted by the Captain of the Port St. Petersburg or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port St.
Petersburg or a designated representative. Recreational vessels
authorized to enter the regulated area may be subject to boarding and
inspection of the vessel and persons onboard.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, and/or on-scene designated representatives.

    Dated: November 10, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg.
[FR Doc. 2015-29347 Filed 11-16-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75862-75865]
[FR Doc No: 2016-26301]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79163; File No. SR-NASDAQ-2016-141]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Proposed Rule Change To Amend Rule 4702 To Adopt a
New Retail Post-Only Order

October 26, 2016.
    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 October 13, 2016, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 4702 (Order Types) [sic] adopt
a New Retail Post-Only Order. The text of the proposed rule change is
available on the Exchange's Web site at http://nasdaq.cchwallstreet.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend Rule 4702 (Order Types) to
adopt a new Retail Post-Only Order type. Although based on the Post-
Only Order, the Retail Post-Only Order differs from the Post-Only Order
in two ways. First, the Retail Post-Only Order can only be used in
connection with orders sent on behalf of retail customers, whereas a
Post-Only Order is available for use by any market participant. Second,
if a Retail Post Only Order would remove liquidity or if posting the
order would require an adjustment to the price of the order for any
reason, the order will be cancelled. In contrast, a Post-Only Order is
designed to have its price adjusted as needed, for example, in order to
avoid locking or crossing a Protected Quotation. With the Retail Post-
Only Order, Nasdaq is providing firms with another way of managing
their retail customer order flow. Currently, if a firm does not want a
retail customer order to remove liquidity from the Exchange upon entry,
the firm can select the RTFY routing option, which routes the order to
destinations in the System routing table instead of immediately
removing liquidity from the Exchange order book.\3\ Some firms,
however, prefer to use their own routing infrastructure in seeking
execution of a customer order rather than allowing that order to remove
liquidity from the Exchange upon entry or instructing the Exchange to
make a routing determination. In cancelling the order for any reason
instead of adjusting its price, the Retail Post-Only Order will
therefore provide firms with an alternative for handing [sic] retail
customer orders.
---------------------------------------------------------------------------

    \3\ See Nasdaq Rule 4738(a)(1)(A)(v)(b); see also Securities
Exchange Act Release No. 76718 (December 21, 2015), 80 FR 80847
(December 28, 2015) (SR-NASDAQ-2015-112).
---------------------------------------------------------------------------

    As noted above, the first key feature of the Retail Post-Only Order
is that it is designed for use by retail customers. Accordingly, a
Retail Post-Only Order must meet the criteria of a Designated Retail
Order, as defined in Rule 7018, in addition to the criteria set forth
in Rule 4702(b)(14).\4\ Nasdaq believes that defining a retail customer
by reference to Rule 7018 is appropriate because this definition is
already used in connection with other Nasdaq programs and fees,
including the RTFY routing option, and defining a retail customer by
reference to Rule 7018 will therefore keep the concept of ``retail''--
either as applied to a type of order or to a type of customer--
consistent across the Exchange. Nasdaq is offering this Order to retail
customers because it will provide firms that handle retail customer
order flow with an alternative to the methods of handling retail order
flow that currently exist on the Exchange.\5\ By offering firms that
handle retail order flow an additional choice, Nasdaq believes that the
proposal could stimulate competition by attracting additional retail
customer order flow to the Exchange.
---------------------------------------------------------------------------

    \4\ Rule 7018 provides that a Designated Retail Order is ``an
agency or riskless principal order that meets the criteria of FINRA
Rule 5320.03 and that originates from a natural person and is
submitted to Nasdaq by a member that designates it pursuant to this
rule, provided that no change is made to the terms of the order with
respect to price or side of market and the order does not originate
from a trading algorithm or any other computerized methodology. An
order from a `natural person' can include orders on behalf of
accounts that are held in a corporate legal form--such as an
Individual Retirement Account, Corporation, or a Limited Liability
Company--that has been established for the benefit of an individual
or group of related family members, provided that the order is
submitted by an individual. Members must submit a signed written
attestation, in a form prescribed by Nasdaq, that they have
implemented policies and procedures that are reasonably designed to
ensure that substantially all orders designated by the member as
`Designated Retail Orders' comply with these requirements. Orders
may be designated on an order-by-order basis, or by designating all
orders on a particular order entry port as Designated Retail
Orders.''
    \5\ As noted above, there are various options a member may
currently use to efficiently manage its order flow, such as
utilizing the RTFY routing option or allowing that order to have its
price adjusted and potentially remove liquidity.
---------------------------------------------------------------------------

    The second key feature of the Retail Post-Only Order is that it
will cancel if the price of the Order would otherwise adjust for any
reason. Rule 4702(b)(14) therefore states that when a new Retail Post-
Only order is received, it will attempt to post on the Exchange Book. A
Retail Post-Only order that cannot post to the Nasdaq Book at its limit
price without having its price adjusted or removing liquidity will be
cancelled.\6\
---------------------------------------------------------------------------

    \6\ An order may have its price adjusted, for example, to
satisfy a regulatory obligation, such as the prohibition under
Regulation NMS against locking or crossing a Protected Quotation.
See 17 CFR 242.610(d). Another scenario where the price of an order
may have to be adjusted for purposes of regulatory compliance is
Rule 201 of Regulation SHO, which requires trading centers to
establish, maintain, and enforce written policies and procedures
reasonably designed to prevent the execution or display of a short
sale order at a price at or below the current National Best Bid
under certain circumstances. See 17 CFR 242.201.
---------------------------------------------------------------------------

    The Retail Post-Only Order is based on the Post-Only Order, and
will therefore share most of the attributes of a Post-Only Order.\7\
For example, a Retail Post-Only Order may be entered with reserve size.
As with the Post-Only Order, a Retail Post-Only Order may be entered in
any whole share size between one share and 999,999 shares. Orders for
fractional shares are not permitted.
---------------------------------------------------------------------------

    \7\ As defined in Rule 4703, the potential attributes that may
apply to an order are (1) time-in-force; (2) size; (3) price; (4)
pegging; (5) minimum quantity; (6) routing; (7) discretion; (8)
reserve size; (9) attribution; (10) Intermarket Sweep Order; (11)
display; and (12) participation in the Nasdaq Opening Cross or the
Nasdaq Closing Cross.
---------------------------------------------------------------------------

    With respect to Time-in-Force (the period of time that the Nasdaq
Market Center will hold the Order for potential execution), the Retail
Post-Only Order may be entered with all times permitted by Time-in-
Force;\8\ however, a Retail Post-Only Order that is entered as
``Immediate or Cancel'' will be canceled (because an Immediate or
Cancel order is incapable of posting to the Nasdaq Book).
---------------------------------------------------------------------------

    \8\ Under Rule 4703(a), Participants specify an Order's Time-in-
Force by designating a time at which the Order will become active
and a time at which the Order will cease to be active. The available
times for activating Orders are (1) time of the Order's receipt by
the Nasdaq Market Center; (2) the Nasdaq Opening Cross (or 9:30 a.m.
ET in the case of a security for which no Nasdaq Opening Cross
occurs); (3) Market Hours, beginning after the completion of the
Nasdaq Opening Cross (or at 9:30 a.m. ET in the case of a security
for which no Nasdaq Opening Cross occurs); (4) the Nasdaq Closing
Cross (or the end of Market Hours in the case of a security for
which no Nasdaq Closing Cross occurs); (5) 8:00 a.m. ET, in the case
of an Order using the SCAN or RTFY routing strategy that is entered
prior to 8:00 a.m. ET; (6) the beginning of the Display-Only Period,
in the case of a security that is the subject of a trading halt and
for which trading will resume pursuant to a halt cross; and (7) the
resumption of trading, in the case of a security that is the subject
of a trading halt and for which trading resumes without a halt
cross.
---------------------------------------------------------------------------

    Unlike the Post-Only Order, Retail Post-Only Orders cannot be
designated as Intermarket Sweep Orders (``ISO''). The purpose of the
Order is to allow firms to utilize their own routing infrastructure in
deciding how to execute a retail customer order. Retail Post Only
orders will therefore not route and have no routing strategies used in
conjunction with the order, and will also not support the ISO
attribute. Unlike the Post-Only Order, the Retail Post-Only Order will
also not utilize the ``display'' attribute, since a Retail Post-Only
Order may be either displayed or non-displayed.
    As with Post-Only Orders, Retail Post-Only Orders will support
attribution, which permits a Participant to designate that the price
and size of the Order will be displayed next to the Participant's MPID
in market data disseminated by Nasdaq. A Retail Post-Only order may
also participate in the Nasdaq Opening Cross and/or the Nasdaq Closing
Cross.
    As with Post-Only Orders, Retail Post Only Orders will not support
pegging (the attribute by which the price of the Order is automatically
set with

reference to the National Best Bid or Offer), since the purpose of this
Order is to cancel if the price of the Order needs to be adjusted. For
the same reason, Retail Post Only Orders will also not support
discretion (where an order has a non-displayed discretionary price
range within which the entering Participant is willing to trade).
    The Retail Post-Only Order will be available for entry through
Nasdaq's RASH, FIX and QIX order entry protocols. Nasdaq notes that
almost all Designated Retail Orders received by the Exchange are
entered through the RASH and FIX protocols. A user may also enter a
Retail Post-Only Order during Pre-Market and Post-Market Hours.\9\
During these times, a Retail Post-Only Order will be processed in a
manner identical to Market Hours.
---------------------------------------------------------------------------

    \9\ The term ``Market Hours'' means the period of time beginning
at 9:30 a.m. ET and ending at 4:00 p.m. ET (or such earlier time as
may be designated by Nasdaq on a day when Nasdaq closes early). The
term ``Pre-Market Hours'' means the period of time beginning at 4:00
a.m. ET and ending immediately prior to the commencement of Market
Hours. The term ``Post-Market Hours'' means the period of time
beginning immediately after the end of Market Hours and ending at
8:00 p.m. ET. See Rule 4701(g).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. The Exchange believes that this proposal is consistent with
the Act because it will add a new functionality (cancelling an order
for any reason instead of adjusting its price) that is not currently
available on the Exchange. The Exchange believes that this new
functionality is consistent with the Act because it will allow firms
that use this Order to utilize their own routing infrastructure in
determining how to execute a retail customer order, which will
facilitate the efficient execution of those orders. Nasdaq believes
that it is reasonable to offer this Order to retail customers only, as
this Order will provide firms that handle retail customer orders with
an alternative to the functionality for handling retail order flow that
currently exists on the Exchange. The Exchange also notes that it
already offers functionalities that are tailored to retail customer
order flow, such as the RTFY routing option. In offering firms that
handle retail customer orders an alternative to the functionality that
currently exists on Nasdaq for retail customer orders, the Exchange
believes that it may attract additional retail customer order flow to
the Exchange, which would increase the diversity of order flow on the
Exchange and enhance the Exchange's market quality.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Nasdaq believes that the attributes of the Retail Post-Only Order
are also consistent with the Act. Nasdaq notes that some of the Order's
attributes, such as size and attribution, are the same as the
attributes of the Post-Only Order, upon which the Retail Post-Only
Order is based. Nasdaq also notes that the Order's attributes reflect
the functionality of the Retail Post-Only Order. For example, pegging
will not be offered as an order attribute, given that the purpose of
the Order is to cancel rather than have its price adjusted.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The Retail Post-Only Order is
an optional order type that will be available for entry through
Nasdaq's order entry protocols that are most commonly used to submit
retail customer orders. The Retail Post-Only Order will provide retail
customers with an order type and a resulting functionality that is not
currently available on the Exchange. Although the Retail Post-Only
Order will be offered to retail customers only, Nasdaq believes that
this does not impose a burden on competition that is not necessary or
appropriate. In providing an alternative to the Exchange's current
methods of handling retail customer orders, Nasdaq believes that the
proposal could stimulate competition by attracting additional retail
customer order flow to the Exchange, which would increase the diversity
of order flow on the Exchange and enhance the Exchange's market
quality.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2016-141 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-141. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make

available publicly. All submissions should refer to File Number SR-
NASDAQ-2016-141 and should be submitted on or before November 22, 2016

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Brent J. Fields,
Secretary.
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    \12\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-26301 Filed 10-31-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3149-3150]
[FR Doc No: 2016-01016]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2015-1034]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0052

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0052,
Nondestructive Testing of Certain Cargo Tanks on Unmanned Barges. Our
ICR describes the information we seek to collect from the public.
Before submitting this ICR to OIRA, the Coast Guard is inviting
comments as described below.

DATES: Comments must reach the Coast Guard on or before March 21, 2016.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2015-1034] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC
20593-7710.

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

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2015-1034], and
must be received by March 21, 2016.

Submitting Comments

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

Information Collection Request

    Title: Nondestructive Testing of Certain Cargo Tanks on Unmanned
Barges.

    OMB Control Number: 1625-0052.
    Summary: The Coast Guard uses the results of nondestructive testing
to evaluate the suitability of older pressure-vessel-type cargo tanks
of unmanned barges to remain in service. Such a tank, on an unmanned
barge, 30 years old or older is subjected to nondestructive testing
once every ten years.
    Need: Under Title 46 U.S.C. 3703, the Coast Guard is responsible
for ensuring safe shipment of liquid dangerous cargoes and has
promulgated regulations for certain barges to ensure the meeting of
safety standards.
    Forms: None.
    Respondents: Owners of tank barges. It is estimated there are 10
respondents annually for this information collection.
    Frequency: Every 10 years. There are no recordkeeping requirements
for this information collection.
    Hour Burden Estimate: The estimated burden remains 130 hours a
year.

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

    Dated: January 12, 2016.
Thomas P. Michelli,
Deputy Chief Information Officer, U.S. Coast Guard.
[FR Doc. 2016-01016 Filed 1-19-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 108-109]
[FR Doc No: 2011-33634]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13590-001]

Lockhart Power Company, Inc.; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: P-13590-001.
    c. Date filed: August 31, 2010.
    d. Applicant: Lockhart Power Company, Inc.
    e. Name of Project: Riverdale Hydroelectric Project.
    f. Location: On the Enoree River, near Enoree, in Spartanburg and
Laurens counties, South Carolina. The proposed project would not affect
any federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contacts: Bryan D. Stone, Chief Operating Officer,
Lockhart Power Company, Inc., 420 River Street, P.O. Box 10, Lockhart,
SC 29364;<PHONE_NUMBER>.
    i. FERC Contact: Sarah Florentino at<PHONE_NUMBER>, or via email
at<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: 60 days from the issuance
date of this notice, or February 21, 2012.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov/docs-filing/ferconline.asp), under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and seven copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application is not ready for environmental analysis at this
time.
    l. The existing, currently non-operational, Riverdale Project
consists of: (1) A 12-foot high, 425-foot-long concrete gravity dam
with 2-foot flashboards; (2) a 6.6-acre impoundment; (3) a headrace
leading to a 110-foot-long steel penstock; (4) a powerhouse containing
a single 1.24-megawatt turbine-generator unit; (5) a 510-foot-long
tailrace channel; and (6) appurtenant facilities. Lockhart Power
Company, Inc. proposes to repair or upgrade the turbine unit and return
the project operation. The proposed project would generate about 5,318
megawatt hours annually.
    m. A copy of the application 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 ``eLibrary''
link. Enter the docket number, excluding the last three digits in the
docket number field, to access the document. For assistance, contact
FERC Online Support. A copy is available for inspection and
reproduction at the address in item h above.
    n. You may register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process.
    The Commission staff intends to prepare a single Environmental
Assessment (EA) for the Riverdale Hydroelectric Project, in accordance
with the National Environmental Policy Act. The EA will consider both
site-specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.
    Commission staff does not propose to conduct any on-site scoping
meetings at this time. Instead, we are soliciting comments,
recommendations, and information on the Scoping Document (SD) issued on
December 22, 2011.
    Copies of the SD outlining the subject areas to be addressed in the
EA were distributed to the parties on the Commission's mailing list and
the applicant's distribution list. Copies of the SD may be viewed on
the web at http://www.ferc.gov, using the ``eLibrary'' link. Enter the
docket

number, excluding the last three digits in the docket number field, to
access the document. For assistance, call 1-(866) 208-3676, or for TTY,
(202) 502-8659.

    Dated: December 22, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-33634 Filed 12-30-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1330-1332]
[FR Doc No: 2016-32025]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF16-10-000]

WBI Energy Transmission, Inc.; Supplemental Notice of Intent To
Prepare an Environmental Assessment for the Planned Valley Expansion
Project and Request for Comments on Environmental Issues

    On November 23, 2016, the Commission issued a ``Notice of Intent to
Prepare an Environmental Assessment for the Planned Valley Expansion
Project and Request for Comments on Environmental Issues'' (NOI) and an
Errata Notice for the NOI on November 28, 2016. It has come to our
attention that the environmental mailing list was not provided copies
of the NOI or the Errata Notice; therefore, we are issuing this
Supplemental NOI to extend the scoping period and provide additional
time for interested parties to file comments on environmental issues.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Valley Expansion Project
involving construction and operation of facilities by WBI Energy
Transmission, Inc. (WBI Energy) in Clay County, Minnesota and Cass,
Burleigh, Stutsman, and Barnes Counties, North Dakota. The Commission
will use this EA in its decision-making process to determine whether
the project is in the public convenience and necessity.
    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. Your input will help
the Commission staff determine what issues they need to evaluate in the
EA. The NOI identified

December 23, 2016 as the close of the scoping period. Please note that
the scoping period is now extended and will close on January 27, 2017.
    If you sent comments on this project to the Commission before the
opening of this docket on October 17, 2016, you will need to file those
comments in Docket No. PF16-10-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings.

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (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 file your comments electronically by 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.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF16-10-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Planned Project

    WBI Energy plans to construct 38 miles of new 16-inch-diameter
pipeline between Mapleton, North Dakota and Felton, Minnesota. WBI
Energy also plans to construct a new 2,600-horsepower electric-driven
compressor station in Cass County, North Dakota, farm taps, valve
settings, and ancillary facilities. Additionally, WBI Energy plans to
replace two existing town border station delivery points and construct
one regulator station in Burleigh, Stutsman, and Barnes Counties, North
Dakota in order to increase in the maximum allowable operating pressure
of a portion of its Line Section 24. According to WBI Energy, the
project would provide an additional 40 million cubic feet per day of
firm transportation on its system.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the project would affect a total of about 530 acres
of land, including the pipeline construction right-of-way, additional
temporary workspace, staging areas, temporary and permanent access
roads, and aboveground facilities. The total acreage required for
operation of the project is approximately 235 acres, including the new
permanent pipeline easement, permanent access roads, and permanent
aboveground facilities' footprint.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA, we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     water resources, fisheries, and wetlands;
     vegetation and wildlife;
     endangered and threatened species;
     cultural resources;
     socioeconomics;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EA.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before we make our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the

environmental issues related to this project to formally cooperate with
us in the preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Offices (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPOs as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the planned facilities and
the environmental information provided by WBI Energy. This preliminary
list of issues may change based on your comments and our analysis, but
currently includes:
     Drain tiles;
     deep topsoil and poor quality subsoils (salinity/sodium or
lime);
     prime farm land;
     federally listed species, including the whooping crane,
gray wolf, Dakota skipper, northern long-eared bat, western prairie
fringed orchid, and the powershiek skipperling;
     cultural resources; and
     crossing methods of the Rush River, Red River of the
North, and the Buffalo River.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials; Native
American Tribes; other interested parties; and local libraries and
newspapers. This list also includes all affected landowners (as defined
in the Commission's regulations) who are potential right-of-way
grantors, whose property may be used temporarily for project purposes,
or who own homes within certain distances of aboveground facilities,
and anyone who submits comments on the project. We will update the
environmental mailing list as the analysis proceeds to ensure that we
send the information related to this environmental review to all
individuals, organizations, and government entities interested in and/
or potentially affected by the planned project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    Once WBI Energy files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Motions to intervene are more fully described at
http://www.ferc.gov/resources/guides/how-to/intervene.asp. Instructions
for becoming an intervenor are in the ``Document-less Intervention
Guide'' under the ``e-filing'' link on the Commission's Web site.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the project.

Additional Information

    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., PF16-
10). 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/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: December 28, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-32025 Filed 1-4-17; 8:45 am]
 BILLING CODE 6717-01-P