[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Rules and Regulations]
[Pages 12906-12908]
[FR Doc No: 2019-06427]

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

SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 202

[Release No. 34-85437]

Public Company Accounting Oversight Board Hearing Officers

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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

SUMMARY: The Securities and Exchange Commission (``Commission'') is
revising its regulations with respect to the method by which hearing
officers of the Public Company Accounting Oversight Board (``Board'' or
``PCAOB'') are appointed and removed from office. Specifically, the
Commission is adopting a rule expressly requiring that the appointment
or removal of a PCAOB hearing officer be subject to Commission
approval.

DATES: Effective Date: April 3, 2019.

FOR FURTHER INFORMATION CONTACT: Mark Jacoby, Senior Special Counsel,
at<PHONE_NUMBER>, or Giles Cohen, Acting Chief Counsel, at (202) 551-
2512, in the Office of the Chief Accountant, or Lisa Helvin, Counsel to
the General Counsel, at<PHONE_NUMBER>, or Bryant Morris, Assistant
General Counsel, at<PHONE_NUMBER>, in the Office of the General
Counsel, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549.

SUPPLEMENTARY INFORMATION:

I. Background

    The Sarbanes-Oxley Act of 2002, as amended (the ``Sarbanes-Oxley
Act'' or the ``Act''),\1\ established the PCAOB to oversee the audits
of companies that are subject to the securities laws, and related
matters, in order to protect the interests of investors and further the
public interest in the preparation of informative, accurate, and
independent audit reports.\2\ The Act vests the Commission with
comprehensive oversight and enforcement authority over the PCAOB. It
grants the Commission authority to, among other things, appoint and
remove the members of the PCAOB, approve PCAOB rules and professional
standards, and oversee the PCAOB's exercise of certain assigned powers
and duties.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 7201 et seq.
    \2\ 15 U.S.C. 7211(a).
    \3\ 15 U.S.C. 7211-7219.
---------------------------------------------------------------------------

    Section 105 of the Sarbanes-Oxley Act authorizes the Board to
investigate and, if necessary, initiate disciplinary action against
registered public accounting firms and their associated persons.\4\
Upon initiating such an action, the Board may hold a hearing to
determine whether a registered public accounting firm or associated
person committed, and should be disciplined for, any violation of the
Sarbanes-Oxley Act, the securities laws, the Commission's rules, the
Board's rules, or professional standards.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 7215.
    \5\ Id. The Board is authorized to delegate the hearing function
to an employee, pursuant to Section 101(f)(4) and (g)(2), 15 U.S.C.
7211(f)(4) & (g)(2).
---------------------------------------------------------------------------

    The Sarbanes-Oxley Act directs the Board to promulgate rules
governing its investigations and adjudications.\6\ The Board has done
so. As relevant here, those rules provide that once the Board has
issued an order instituting proceedings, or after a registration
applicant has requested a hearing, a hearing officer will be assigned
to preside over the proceeding.\7\ The hearing officer is granted ``the
authority to do all things necessary and appropriate to discharge his
or her duties,'' including: Issuing accounting board demands; receiving
and ruling on the admissibility of evidence; generally ``regulating the
course of a proceeding and the conduct of the parties and their
counsel''; holding pre-hearing and other conferences; ruling on
motions; and preparing an initial decision.\8\ The role of the PCAOB
hearing officer thus closely resembles that of the Commission's
administrative law judges (``ALJs'').
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 7215.
    \7\ PCAOB Bylaws and Rules, Section 5-Investigations and
Adjudications, available at https://pcaobus.org//Rules/Documents/Section_5.pdf (effective pursuant to SEC Release No. 34-49704, File
No. PCAOB-2003-07, 2004 WL 1439833 (May 14, 2004)).
    \8\ PCAOB Rule 5200(b); see also Guide to Proceedings Before a
PCAOB Hearing Office, available at https://pcaobus.org/Enforcement/Adjudicated/Pages/guide-to-proceedings-before-PCAOB-hearing-officer.aspx (``A hearing on the merits before a PCAOB Hearing
Officer is, in many respects, similar to a trial before a judge in
state or federal court.'').
---------------------------------------------------------------------------

    On June 21, 2018, the United States Supreme Court in Lucia v. SEC
considered a challenge to the method by which the Commission's ALJs
were appointed, holding that because the ALJs exercise ``significant
authority pursuant to the laws of the United States,'' they are
``Officers of the United States'' who must be appointed in the manner
prescribed by the Constitution's Appointments Clause--by the President,
a court of law, or head of a department, such as the Commission.\9\ In
so holding, the Court followed its earlier decision in Freytag v.
Commissioner, in which it determined that, given the powers they
exercise, special trial judges of the United States Tax Court are also
constitutional officers.\10\
---------------------------------------------------------------------------

    \9\ 138 S. Ct. 2044, 2050-51 (2018); Art. II, Sec.  2, cl.2.
    \10\ Lucia, 138 S. Ct. at 2053-54 (citing Freytag v. Comm'r, 501
U.S. 868 (1991)).
---------------------------------------------------------------------------

    While PCAOB hearing officers are similarly vested with ``the
authority needed to ensure fair and orderly adversarial hearings,''
\11\ there are notable differences between the powers they exercise and
those exercised by Commission ALJs and Tax Court special trial judges.
Unlike the other adjudicators, for example, PCAOB hearing officers are
not authorized to administer oaths or punish contemptuous conduct.\12\
Moreover, to date, no court has held that PCAOB hearing officers must
be appointed as inferior officers under the Appointments Clause.\13\
Nevertheless, to remove any doubt about the constitutional status of
PCAOB hearing officers, the Commission hereby amends 17 CFR part 202,
subpart A (Regulation P) to require that the Commission, acting as head
of a department, must approve both the appointment and the removal from
office of any PCAOB hearing officer before any such action may take
effect.\14\
---------------------------------------------------------------------------

    \11\ Lucia, 138 S. Ct. at 2053.
    \12\ Compare, e.g., PCAOB Rules 5103, 5105, 5200(b)(1), 5424
(PCAOB hearing officers) with 17 CFR 200.14(a)(1) & (2), 200.111(b),
180(a), 232(e), 322 (Commission ALJs) and Freytag v. Comm'r, 501
U.S. at 881-82 (Tax Court special trial judges).
    \13\ While the Board is not a governmental entity for statutory
purposes, it is ``` part of the Government' for constitutional
purposes.'' Free Enter. Fund v. Pub. Co. Accounting Oversight Bd.,
561 U.S. 477, 485-86 (2010).
    \14\ On December 20, 2018, the Board adopted amendments to its
bylaws and rules (collectively, the ``proposed amendments'') to
provide that the PCAOB's appointment and removal of hearing officers
are subject to Commission approval. The PCOAB filed the proposed
amendments with the Commission on January 29, 2019, and on February
11, 2019, the Commission published notice of this filing. See
https://www.sec.gov/rules/pcaob/2019/34-85090.pdf.
---------------------------------------------------------------------------

    We believe this requirement is consistent with both the
Constitution and the oversight and appointment authority Congress has
granted the Commission. The Commission has the constitutional authority
to both appoint and remove from office the inferior officers under its
supervision.\15\ Congress has also authorized the Commission to appoint
inferior officers ``necessary for carrying out its functions under the
securities laws,'' including those specified in the Sarbanes-Oxley
Act.\16\ Further, pursuant to the Sarbanes-Oxley Act, Congress has
granted the Commission comprehensive oversight and enforcement
authority over the PCAOB, and it has specified that the Board's
appointment of employees and its delegation of functions to such
employees are subject to the Commission's oversight.\17\
---------------------------------------------------------------------------

    \15\ See Lucia, 138 S. Ct. 2044, 2051 & n.3; Edmond v. United
States, 520 U.S. 651, 663 (1997); see also Free Enter. Fund, 561
U.S. at 513-14.
    \16\ 5 U.S.C. 4802(b) (citing 15 U.S.C. 78c(a)(47)); 15 U.S.C.
78d(b).
    \17\ 15 U.S.C. 7217(a); 15 U.S.C. 7211(f), (g).

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

    This power to appoint--or approve the appointment of--inferior
officers carries with it the power to remove those individuals from
office. As the Supreme Court has explained, ``the power of removal from
office is incident to the power of appointment,'' and thus statutes
vesting heads of department with appointment authority are presumed to
carry with them removal authority, absent language to the contrary.\18\
Here, the relevant statutes provide no such restrictions.\19\
Accordingly, the Commission may require that it approve both the
appointment and the removal from office of any PCAOB hearing officer
before any such action may take effect.
---------------------------------------------------------------------------

    \18\ See Keim v. United States, 177 U.S. 290, 293-94 (1900); Ex
parte Hennen, 38 U.S. (13 Pet.) 230, 259-60 (1839); Power of the
Secretary of the Treasury to Remove Inspectors of Hulls and Bollers,
10 Op. Att'y Gen. 204, 207-09 (1862); Tenure of Office of Inspectors
of Customs, 1 Op. Att'y Gen. 459, 459 (1821).
    \19\ See 5 U.S.C. 4802(b); 15 U.S.C. 78d(b); 15 U.S.C. 7217(a);
15 U.S.C. 7211(f), (g); see also Free Enter. Fund, 561 U.S. at 510
(Commission may remove members of the Board ``at will'').
---------------------------------------------------------------------------

II. Administrative Law Matters

    The Commission finds, in accordance with the Administrative
Procedure Act (``APA''),\20\ that these revisions relate solely to
agency organization, procedures, or practice and do not constitute a
substantive rule. Accordingly, the APA's provisions regarding notice of
rulemaking, opportunity for public comment, and advance publication of
the amendments prior to their effective date are not applicable. These
changes are therefore effective on April 3, 2019. For the same reason,
and because these amendments do not affect the rights or obligations of
non-agency parties, the provisions of the Small Business Regulatory
Enforcement Fairness Act \21\ are not applicable. Additionally, the
provisions of the Regulatory Flexibility Act,\22\ which apply only when
notice and comment are required by the APA or other law, are not
applicable. These amendments do not contain any collection of
information requirements as defined by the Paperwork Reduction Act of
1995.\23\ Further, because the amendments impose no new burdens on
private parties, the Commission does not believe that the amendments
will have any impact on competition for purposes of Section 23(a)(2) of
the Exchange Act.
---------------------------------------------------------------------------

    \20\ 5 U.S.C. 553(b)(3)(A).
    \21\ 5 U.S.C. 804(3)(C).
    \22\ 5 U.S.C. 601 et seq.
    \23\ See 44 U.S.C. 3518(c)(1)(B)(ii); 5 CFR 1320.4.
---------------------------------------------------------------------------

III. Statutory Authority

    This rule is adopted pursuant to statutory authority granted to the
Commission, including 5 U.S.C. 4802(b), Sections 4(b) and 23(a) of the
Exchange Act, 15 U.S.C. 78d(b), and Sections 101 and 107 of the
Sarbanes-Oxley Act of 2002, 15 U.S.C. 7211, 7217.

List of Subjects in 17 CFR Part 202

    Administrative practice and procedure, Securities.

Text of Rule

    For the reasons set out in the preamble, title 17, chapter II of
the Code of Federal Regulations is amended as *COM007*follows:

PART 202--INFORMAL AND OTHER PROCEDURES

0
 1. The authority citation for part 202 continues to read in part as
follows:

     Authority: 15 U.S.C. 77s, 77t, 77sss, 77uuu, 78d-1, 78u, 78w,
78ll(d), 80a-37, 80a-41, 80b-9, 80b-11, 7201 et seq., unless
otherwise noted.
* * * * *

Subpart A--Public Company Accounting Oversight Board (Regulation P)

0
2. Section 202.150 is added to read as follows:

Sec.  202.150  Commission approval of appointment or removal from
office of Public Company Accounting Oversight Board hearing officers.

    The Commission shall approve both the appointment and removal from
office of any hearing officer employed by the Public Company Accounting
Oversight Board. No action by the Board proposing to appoint or remove
from office a hearing officer shall be final absent Commission
approval.

    By the Commission.

    Dated: March 28, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06427 Filed 4-2-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 6, 2008 (Volume 73, Number 110)]
[Proposed Rules]
[Page 32246-32248]
[DOCID:fr06jn08-12]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0612; Directorate Identifier 2008-NM-059-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Boeing Model 747 airplanes. This proposed AD would require inspecting
for cracks in the left- and right-side Stringer 11 longeron adjacent to
the horizontal stabilizer pivot bulkhead, and related investigative and
corrective actions if necessary. This proposed AD results from a report
of a crack found in the right-side Stringer 11 longeron horizontal
flange, adjacent to the horizontal stabilizer pivot bulkhead, during a
routine maintenance inspection. We are proposing this AD to detect and
correct fatigue cracking of the longeron, which can propagate and cause
damage to the adjacent horizontal stabilizer pivot bulkhead. This
damage could result in loss of structural integrity and consequent
inability of the bulkhead to carry flight loads, which could adversely
affect controllability of the airplane.

DATES: We must receive comments on this proposed AD by July 21, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe

Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0612;
Directorate Identifier 2008-NM-059-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received a report of a crack found in the right-side Stringer 11
longeron horizontal flange, adjacent to the horizontal stabilizer pivot
bulkhead, during a routine maintenance inspection. The airplane had
accumulated 28,311 total flight hours and 22,070 total flight cycles.
The crack was visible in the exposed inboard edge of the longeron
horizontal flange between the upper and lower Station 2598 horizontal
stabilizer pivot bulkhead splice fittings. After removal of the
fittings it was revealed that the crack had propagated and completely
severed the longeron. Boeing analysis indicates that the severed
longeron was a result of fatigue that had originated from a fastener
hole in the longeron horizontal flange. Fatigue cracking of the
longeron can propagate and cause damage to the adjacent horizontal
stabilizer pivot bulkhead. This condition, if not corrected, could
result in loss of structural integrity and consequent inability of the
bulkhead to carry flight loads, which could adversely affect
controllability of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-53A2703, dated
February 14, 2008. The service bulletin describes procedures for a
surface high frequency eddy current (HFEC) inspection for cracks in the
left- and right-side Stringer 11 longeron exposed surfaces and edges
between Stations 2598 and 2607 adjacent to the horizontal stabilizer
pivot bulkhead, and related investigative and corrective actions if
necessary. The procedures for the related investigative and corrective
actions are as follows:
     If any crack is found during the surface HFEC inspection:
The procedures describe doing a detailed inspection for cracks in the
adjacent skin panel and Station 2598 of the horizontal stabilizer pivot
bulkhead structure. If any crack is found in the skin panel or bulkhead
structure, the crack may be repaired as specified in the 747 structural
repair manual, or contact Boeing for repair data and repair. After the
repair is installed, the longeron is replaced with a new longeron.
     If no crack is found during the surface HFEC inspection:
The procedures describe doing an open hole HFEC inspection of the
longeron for cracks at the specified fastener hole locations.
     If any crack is found during the open hole HFEC
inspection: The procedures describe oversizing any cracked hole to
remove the crack, and the inspection is repeated for any remaining
cracks. If any crack remains after oversizing the hole to the maximum
allowed diameter, the longeron is removed and a detailed inspection is
done for cracks in the adjacent skin panel and Station 2598 of the
horizontal stabilizer pivot bulkhead structure. If any crack is found
in the skin panel or bulkhead structure, the crack is repaired as
specified in the 747 structural repair manual, or the procedures
recommend contacting Boeing for repair data and repair. After the
repair is installed, the longeron is replaced with a new longeron. If
no crack is found, a new longeron is installed.
    The compliance times for the actions in the service bulletin are as
follows:
     The compliance time for the initial surface HFEC
inspection is before the accumulation of 20,000 total flight cycles, or
within 1,500 flight cycles after the date on the service bulletin,
whichever occurs later. If a new longeron is installed, the inspection
is repeated before the accumulation of 20,000 flight cycles after the
installation. If a longeron is repaired, or if no crack is found during
the surface and open hole HFEC inspections, the applicable inspection
is repeated at intervals not to exceed 3,000 flight cycles after the
repair is done.
    The related investigative and corrective actions are to be done
before further flight after the surface HFEC inspections are done. The
above compliance times and actions apply to the left and right side
longerons, independently.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously, except as discussed under
``Difference Between the Proposed AD and Service Information.''

Difference Between the Proposed AD and Service Information

    The service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Delegation Option Authorization
Organization whom we have authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD would affect 165 airplanes of
U.S. registry. We also estimate that it would take 3 work-hours per
product to comply with this proposed AD. The average labor rate is $80
per work-hour. Based on these figures, we estimate the cost of this
proposed AD to the U.S. operators to be $39,600, or $240 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for

safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Boeing: Docket No. FAA-2008-0612; Directorate Identifier 2008-NM-
059-AD.

Comments Due Date

    (a) We must receive comments by July 21, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D,
747-400F, 747SR, and 747SP series airplanes, certificated in any
category.

Unsafe Condition

    (d) This AD results from a report of a crack found in the right-
side Stringer 11 longeron horizontal flange, adjacent to the
horizontal stabilizer pivot bulkhead, during a routine maintenance
inspection. We are issuing this AD to detect and correct fatigue
cracking of the longeron, which can propagate and cause damage to
the adjacent horizontal stabilizer pivot bulkhead. This damage could
result in loss of structural integrity and consequent inability of
the bulkhead to carry flight loads, which could adversely affect
controllability of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified,
unless already done.

Inspection/Related Investigative and Corrective Actions

    (f) Except as provided by paragraph (g) of this AD: At the
applicable times specified in paragraph 1.E. of Boeing Alert Service
Bulletin 747-53A2703, dated February 14, 2008, do a surface high
frequency eddy current (HFEC) inspection for cracks in the left- and
right-side Stringer 11 longeron exposed surfaces and edges between
Station 2598 and 2607 adjacent to the horizontal stabilizer pivot
bulkhead; and do all applicable related investigative and corrective
actions before further flight, in accordance with the Accomplishment
Instructions of the service bulletin, except as provided by
paragraph (h) of this AD.

Exception to Compliance Times

    (g) Where Boeing Alert Service Bulletin 747-53A2703, dated
February 14, 2008, specifies counting the compliance time from ``. .
. the date on this service bulletin,'' this AD requires counting the
compliance time from the effective date of this AD.

Exception to Corrective Actions

    (h) If any crack is found during any inspection required by this
AD, and Boeing Alert Service Bulletin 747-53A2703, dated February
14, 2008, specifies to contact Boeing for appropriate action: Before
further flight, repair using a method approved in accordance with
the procedures specified in paragraph (i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER> has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane.

    Issued in Renton, Washington, on May 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-12712 Filed 6-5-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Rules and Regulations]
[Page 10960]
[FR Doc No: 2012-4392]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0047]

Drawbridge Operation Regulation; Snake Creek, Islamorada, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Seventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of
Snake Creek Bridge, mile 0.5, across Snake Creek, in Islamorada,
Florida. The regulation is set forth in 33 CFR 117.331. The deviation
is necessary due to the high volume of vehicle traffic anticipated
during the Annual Nautical Flea Market, which will be held in
Islamorada, Florida on February 25, 2012 and February 26, 2012. The
deviation will result in the bridge only opening to navigation at the
top of the hour from 8 a.m. until 5 p.m. daily on February 25, 2012 and
February 26, 2012. At all other times on February 25, 2012 and February
26, 2012, the bridge will open on demand.

DATES: This deviation is effective from 8 a.m. on February 25, 2012
through 5 p.m. on February 26, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0047 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0047 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Jessica Hopkins, Seventh District Bridge Branch, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Monroe County Sheriff's Office has
requested a temporary modification to the operating schedule of Snake
Creek Bridge in Islamorada, Florida. This deviation will result in the
bridge opening only on the top of the hour from 8 a.m. to 5 p.m. daily
on February 25, 2012 and February 26, 2012 during the Annual Nautical
Flea Market. The Annual Nautical Flea Market generates a high volume of
vehicle traffic. Opening this bridge on demand in past years during the
event has resulted in significant vehicle congestion. By opening the
bridge only on the top of the hour vehicular congestion will be
reduced.
    The vertical clearance of Snake Creek Bridge, across Snake Creek is
27 feet. Vessels with a clearance of less than 27 feet may pass
underneath the bridge while it is in the closed position. The normal
operating schedule for Snake Creek Bridge is set forth in 33 CFR
117.331. 33 CFR 117.331 requires the bridge to open on signal; except
that from 8 a.m. to 4 p.m., the bridge need only open on the hour and
half-hour. As a result of this temporary deviation, Snake Creek Bridge
will only open to navigation on the top of the hour from 8 a.m. until 5
p.m. daily on February 25, 2012 and February 26, 2012. At all other
times on February 25, 2012 and February 26, 2012, the bridge will open
on signal. However, the drawspan will open as soon as possible for the
passage of tugs with tows, vessels in distress, and Public vessels of
the United States.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulation is authorized
under 33 CFR 117.35.

    Dated: February 1, 2012.
B.L. Dragon,
Bridge Program Director, Seventh Coast Guard District.
[FR Doc. 2012-4392 Filed 2-22-12; 11:15 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Notices]
[Pages 55888-55889]
[FR Doc No: 2012-22243]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67785; File No. SR-NYSEArca-2012-48]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change Amending NYSE Arca Equities Rule 7.31(h) To Add a
PL Select Order

September 5, 2012.

I. Introduction

    On May 22, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend NYSE Arca Equities Rule 7.31(h) to add a PL Select Order. The
proposed rule change was published for comment in the Federal Register
on June 8, 2012.\3\ A designation of a longer period for Commission
action was published in the Federal Register on July 26, 2012.\4\ The
Commission received no comment letters regarding the proposed rule
change. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 67101 (June 4,
2012), 77 FR 34115 (``Notice'').
    \4\ See Securities Exchange Act Release No. 67475 (July 20,
2012), 77 FR 43879 (Notice of Designation of a Longer Period for
Commission Action on Proposed Rule Change Amending NYSE Arca
Equities Rule 7.31(h) To Add a PL Select Order Type).
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to amend NYSE Arca Equities Rule 7.31(h) to
add a PL Select Order. The PL Select Order would be a subset of a
Passive Liquidity (``PL'') Order.\5\ NYSE Arca Equities Rule 7.31(h)(7)
would define the PL Select Order as a PL Order that would not interact
with an incoming order that: (i) Has an immediate-or-cancel (``IOC'')
time in force condition,\6\ (ii) is an ISO,\7\ or (iii) is larger than
the size of the PL Select Order. The PL Select Order

would otherwise, except for the specified restrictions on trading with
certain incoming orders, operate as a PL Order and retain its standing
in execution priority among PL Orders. In the instances when an
incoming order meets one of the PL Select Order restrictions, the PL
Select Order would not interact with the incoming order and could be
traded through.
---------------------------------------------------------------------------

    \5\ See NYSE Arca Equities Rule 7.31(h)(4).
    \6\ See NYSE Arca Equities Rule 7.31(e).
    \7\ See NYSE Arca Equities Rule 7.31(jj).
---------------------------------------------------------------------------

    The Exchange believes that the restrictions on trading with
incoming IOC or ISO orders would enable Users \8\ to designate that
their PL Orders would not trade with interest that would never become
displayed or passive liquidity on the Exchange. The Exchange believes
that the final restriction would serve to attract larger-sized PL
Orders because the User would not have to risk having the PL Select
Order being swept up by larger-sized contra interest, thereby obviating
the primary purpose of the PL Order types: to provide price
improvement.
---------------------------------------------------------------------------

    \8\ See Arca Equities Rule 1.1(yy) (defining the term ``User'').
---------------------------------------------------------------------------

    The Exchange further proposes that upon notice to ETP Holders, the
Corporation \9\ may suspend the entry of PL Select Orders. If such
provision is invoked, Users may continue to submit PL Orders, but would
not be able to enter PL Select Orders and all open PL Select Orders on
the NYSE Arca trading book would be cancelled back to the User. The
Exchange believes that it is appropriate to be able to suspend the
entry of PL Select Orders in circumstances where the volume of orders
creates an issue with the ability of the Exchange to timely process
inbound orders to the Exchange.
---------------------------------------------------------------------------

    \9\ See Arca Equities Rule 1.1(k) (defining the term
``Corporation'').
---------------------------------------------------------------------------

    Because of the related technology changes that this proposed rule
change would require, the Exchange proposes to announce the initial
implementation date via Trader Update.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\10\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\11\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, 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; and are not designed to permit unfair discrimination
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \10\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds the instant proposed rule change to be
consistent with the Act. The Commission notes that the Exchange
believes that the proposed rule change should allow PL Select Order
users to avoid interacting with market participants that are submitting
orders primarily for the purpose of probing for or ``pinging'' hidden
interest on the NYSE Arca book as opposed to adding liquidity to the
market. The Exchange also indicates that the probing or ``pinging''
interest that PL Select Orders would avoid is more likely to come from
professional traders than non-professional traders. In addition, the
Exchange believes that use of the PL Select Order could attract
displayed liquidity that would be eligible for execution against PL
Select Orders or posting on the NYSE Arca book if not executed by PL
Select Orders or other resting liquidity.
    The Commission notes further that the Exchange believes that,
because PL Select Orders would not interact with larger-sized incoming
interest, market participants could be incentivized to use PL Select
Orders to provide price improvement opportunities, thereby promoting
more favorable executions for the benefit of public customers. In
addition, the Exchange believes that market participants also could be
incentivized to route more aggressively priced, displayable interest to
the Exchange because of an increased likelihood of receiving price
improvement.
    Based on the Exchange's statements, the Commission believes that
the proposed rule change is consistent with Section 6(b)(5) of the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-NYSEArca-2012-48) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
 [FR Doc. 2012-22243 Filed 9-10-12; 8:45 am]
BILLING CODE 8011-01-P


interstate commerce or use HCFC-22 or HCFC-142b (unless used,
recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction; for use as
a refrigerant in equipment manufactured before January 1, 2010; for
export to Article 5 Parties under Sec.  82.18(a); as a transhipment or
heel; or for exemptions permitted in paragraph (f) of this section.
    (ii) Introduction into interstate commerce and use of HCFC-22 is
not subject to the prohibitions in paragraph (g)(2)(i) of this section
if the HCFC-22 is for use in medical equipment prior to January 1,
2015; for use in thermostatic expansion valves prior to January 1,
2015; or for use as a refrigerant in appliances manufactured before
January 1, 2012, provided that the components are manufactured prior to
January 1, 2010, and are specified in a building permit or a contract
dated before

January 1, 2010, for use on a particular project.
    (3) Effective January 1, 2015, no person may introduce into
interstate commerce or use HCFC-141b (unless used, recovered, and
recycled) for any purpose other than for use in a process resulting in
its transformation or its destruction; for export to Article 5 Parties
under Sec.  82.18(a), as a transhipment or heel; or for exemptions
permitted in paragraph (f) of this section.
    (4) Effective January 1, 2015, no person may introduce into
interstate commerce or use any class II controlled substance not
governed by paragraphs (g)(1) through (3) of this section (unless used,
recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction; for use as
a refrigerant in equipment manufactured before January 1, 2020; for
export to Article 5 Parties under Sec.  82.18(a); as a transhipment or
heel; or for exemptions permitted in paragraph (f) of this section.
    (5) Effective January 1, 2030, no person may introduce into
interstate commerce or use any class II controlled substance (unless
used, recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction; for export
to Article 5 Parties under Sec.  82.18(a); as a transhipment or heel;
or for exemptions permitted in paragraph (f) of this section.
    (6) Effective January 1, 2040, no person may introduce into
interstate commerce or use any class II controlled substance (unless
used, recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction, as a
transhipment or heel, or for exemptions permitted in paragraph (f) of
this section.
* * * * *

0
4. Revise Sec.  82.16(a) to read as follows:

Sec.  82.16  Phaseout schedule of class II controlled substances.

    (a) In each control period as indicated in the following table,
each person is granted the specified percentage of baseline production
allowances and baseline consumption allowances for the specified class
II controlled substances apportioned under Sec. Sec.  82.17 and 82.19:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Percent of    Percent of HCFC-   Percent of      Percent of      Percent of      Percent of      Percent of
             Control period                 HCFC-141b           22           HCFC-142b       HCFC-123        HCFC-124       HCFC-225ca      HCFC-225cb
--------------------------------------------------------------------------------------------------------------------------------------------------------
2003...................................               0            100            100     ..............  ..............  ..............  ..............
2004...................................               0            100            100     ..............  ..............  ..............  ..............
2005...................................               0            100            100     ..............  ..............  ..............  ..............
2006...................................               0            100            100     ..............  ..............  ..............  ..............
2007...................................               0            100            100     ..............  ..............  ..............  ..............
2008...................................               0            100            100     ..............  ..............  ..............  ..............
2009...................................               0            100            100     ..............  ..............  ..............  ..............
2010...................................               0             41.9            0.47             125             125             125             125
2011...................................               0             38.0            0.47             125             125             125             125
2012...................................               0             34.1            0.47             125             125             125             125
2013...................................               0             30.1            0.47             125             125             125             125
2014...................................               0             26.1            0.47             125             125             125             125
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
5. Revise Sec.  82.17 to read as follows:

Sec.  82.17  Apportionment of baseline production allowances for class
II controlled substances.

    Effective January 1, 2010, the following persons are apportioned
baseline production allowances for HCFC-22, HCFC-141b, HCFC-142b, HCFC-
123, HCFC-124, HCFC-225ca, and HCFC-225cb, as set forth in the
following table:

------------------------------------------------------------------------
                                        Controlled
              Person                    substance        Allowances (kg)
------------------------------------------------------------------------
AGC Chemicals Americas...........  HCFC-225ca.........           266,608
                                   HCFC-225cb.........           373,952
Arkema...........................  HCFC-22............        28,219,223
                                   HCFC-141b..........        24,647,925
                                   HCFC-142b..........        16,131,096
DuPont...........................  HCFC-22............        42,638,049
                                   HCFC-124...........         2,269,210
Honeywell........................  HCFC-22............        37,378,252
                                   HCFC-141b..........        28,705,200
                                   HCFC-142b..........         2,417,534
                                   HCFC-124...........         1,759,681
MDA Manufacturing................  HCFC-22............         2,383,835
Solvay Solexis...................  HCFC-142b..........         6,541,764
------------------------------------------------------------------------

0
6. Amend Sec.  82.18 by revising paragraphs (a) and (b) to read as
follows:

Sec.  82.18  Availability of production in addition to baseline
production allowances for class II controlled substances.

    (a) Article 5 allowances. (1) Effective January 1, 2003, a person
apportioned baseline production allowances for HCFC-141b, HCFC-22, or
HCFC-142b under Sec.  82.17 is also apportioned Article 5 allowances,
equal to 15 percent of their baseline production allowances, for the
specified HCFC for each control period up until December 31, 2009, to
be used for the production of the specified HCFC for export only to
foreign states listed in Annex 4 of Appendix C to this subpart.
    (2) Effective January 1, 2010, a person apportioned baseline
production allowances under Sec.  82.17 for HCFC-141b, HCFC-22, or
HCFC-142b is also apportioned Article 5 allowances, equal to 10 percent
of their baseline production allowances, for the specified

HCFC for each control period up until December 31, 2019, to be used for
the production of the specified HCFC for export only to foreign states
listed in Annex 4 of Appendix C to this subpart.
    (3) Effective January 1, 2015, a person apportioned baseline
production allowances under Sec.  82.17 for HCFC-123, HCFC-124, HCFC-
225ca, and HCFC-225cb is also apportioned Article 5 allowances, equal
to 10 percent of their baseline production allowances, for the
specified HCFC for each control period up until December 31, 2019, to
be used for the production of the specified HCFC for export only to
foreign states listed in Annex 4 of Appendix C to this subpart.
    (b) Export Production Allowances. (1) Effective January 1, 2003, a
person apportioned baseline production allowances for HCFC-141b under
Sec.  82.17 is also apportioned export production allowances, equal to
100 percent of their baseline production allowances, for HCFC-141b for
each control period up until December 31, 2009, to be used for the
production of HCFC-141b for export only, in accordance with this
section.
    (2) [Reserved]
* * * * *

0
7. Section 82.19 is revised to read as follows:

Sec.  82.19  Apportionment of baseline consumption allowances for class
II controlled substances.

    Effective January 1, 2010, the following persons are apportioned
baseline consumption allowances for HCFC-22, HCFC-141b, HCFC-142b,
HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb, as set forth in the
following table:

------------------------------------------------------------------------
                                        Controlled
              Person                    substance        Allowances (kg)
------------------------------------------------------------------------
ABCO Refrigeration Supply........  HCFC-22............           279,366
AGC Chemicals Americas...........  HCFC-225ca.........           285,328
                                   HCFC-225cb.........           286,832
Altair Partners..................  HCFC-22............           302,011
Arkema...........................  HCFC-22............        29,524,481
                                   HCFC-141b..........        25,405,570
                                   HCFC-142b..........        16,672,675
                                   HCFC-124...........             3,719
Carrier..........................  HCFC-22............            54,088
Condor Products..................  HCFC-22............            74,843
                                   HCFC-124...........             3,746
Continental Industrial Group.....  HCFC-141b..........            20,315
Coolgas, Inc.....................  HCFC-141b..........        16,097,869
                                   HCFC-123...........            20,000
Coolgas Investment Property......  HCFC-22............           590,737
Discount Refrigerants............  HCFC-22............           375,328
                                   HCFC-141b..........               994
DuPont...........................  HCFC-22............        38,814,862
                                   HCFC-141b..........             9,049
                                   HCFC-142b..........            52,797
                                   HCFC-123...........         1,877,042
                                   HCFC-124...........           743,312
H.G. Refrigeration Supply........  HCFC-22............            40,068
Honeywell........................  HCFC-22............        35,392,492
                                   HCFC-141b..........        20,749,489
                                   HCFC-142b..........         1,315,819
                                   HCFC-124...........         1,284,265
ICC Chemical Corp................  HCFC-141b..........            81,225
ICOR.............................  HCFC-124...........            81,220
Ineos Fluor Americas.............  HCFC-22............         2,546,305
Kivlan & Company.................  HCFC-22............         2,081,018
MDA Manufacturing................  HCFC-22............         2,541,545
Mondy Global.....................  HCFC-22............           281,824
National Refrigerants............  HCFC-22............         5,528,316
                                   HCFC-123...........            72,600
                                   HCFC-124...........            50,380
Perfect Technology Center, LP....  HCFC-123...........             9,100
Refricenter of Miami.............  HCFC-22............           381,293
Refricentro......................  HCFC-22............            45,979
R-Lines..........................  HCFC-22............            63,172
Saez Distributors................  HCFC-22............            37,936
Solvay Fluorides.................  HCFC-22............           413,509
                                   HCFC-141b..........         3,940,115
Solvay Solexis...................  HCFC-142b..........         3,047,386
Tulstar Products.................  HCFC-141b..........            89,913
                                   HCFC-123...........            34,800
                                   HCFC-124...........           229,582
USA Refrigerants.................  HCFC-22............            14,865
------------------------------------------------------------------------

0
8. Revise Annex 4 to Appendix C of subpart A of part 82 to read as
follows:

Appendix C to Subpart A of Part 82--Parties to the Montreal Protocol,
and Nations Complying With, But Not Parties to, the Protocol

* * * * *

Annex 4 to Appendix C of Subpart A: Nations That Are Parties to the
Montreal Protocol and Are Operating Under Article 5(1)

List of Article 5 Parties

 1. Afghanistan
 2. Albania
 3. Algeria
 4. Angola
 5. Antigua & Barbuda
 6. Argentina
 7. Armenia
 8. Bahamas
 9. Bahrain
 10. Bangladesh
 11. Barbados
 12. Belize
 13. Benin
 14. Bhutan
 15. Bolivia
 16. Bosnia and Herzegovina
 17. Botswana
 18. Brazil
 19. Brunei Darussalam
 20. Burkina Faso
 21. Burundi
 22. Cambodia
 23. Cameroon
 24. Cape Verde
 25. Central African Republic
 26. Chad
 27. Chile
 28. China
 29. Colombia
 30. Comoros
 31. Congo
 32. Congo, Democratic Republic of
 33. Cook Islands
 34. Cost Rica
 35. C[ocirc]te d'Ivoire
 36. Croatia
 37. Cuba
 38. Djibouti
 39. Dominica
 40. Dominican Republic
 41. Ecuador
 42. Egypt
 43. El Salvador
 44. Equatorial Guinea
 45. Eritrea
 46. Ethiopia
 47. Fiji
 48. Gabon
 49. Gambia
 50. Georgia
 51. Ghana
 52. Grenada
 53. Guatemala
 54. Guinea
 55. Guinea Bissau
 56. Guyana
 57. Haiti
 58. Honduras
 59. India
 60. Indonesia
 61. Iran, Islamic Republic of
 62. Iraq
 63. Jamaica
 64. Jordan
 65. Kenya
 66. Kiribati
 67. Korea, People's Democratic Republic of
 68. Korea, Republic of
 69. Kuwait
 70. Kyrgyzstan
 71. Lao People's Democratic Republic
 72. Lebanon
 73. Lesotho
 74. Liberia
 75. Libyan Arab Jamahiriya
 76. Madagascar
 77. Malawi
 78. Malaysia
 79. Maldives
 80. Mali
 81. Marshall Islands
 82. Mauritania
 83. Mauritius
 84. Mexico
 85. Micronesia, Federal States of
 86. Moldova
 87. Mongolia
 88. Montenegro
 89. Morocco
 90. Mozambique
 91. Myanmar
 92. Namibia
 93. Nauru
 94. Nepal
 95. Nicaragua
 96. Niger
 97. Nigeria
 98. Niue
 99. Oman
100. Pakistan
101. Palau
102. Panama
103. Papua New Guinea
104. Paraguay
105. Peru
106. Philippines
107. Qatar
108. Rwanda
109. Saint Kitts and Nevis
110. Saint Lucia
111. Saint Vincent & the Grenadines
112. Samoa
113. Sao Tome and Principe
114. Saudi Arabia
115. Senegal
116. Serbia
117. Seychelles
118. Sierra Leone
119. Singapore
120. Solomon Islands
121. Somalia
122. South Africa
123. Sri Lanka
124. Sudan
125. Suriname
126. Swaziland
127. Syrian Arab Republic
128. Tanzania, United Republic of
129. Thailand
130. The Former Yugoslav Republic of Macedonia
131. Timor-Leste
132. Togo
133. Tonga
134. Trinidad and Tobago
135. Tunisia
136. Turkey
137. Turkmenistan
138. Tuvalu
139. Uganda
140. United Arab Emirates
141. Uruguay
142. Vanuatu
143. Venezuela
144. Viet Nam
145. Yemen
146. Zambia
147. Zimbabwe

0
9. Revise Appendix E to subpart A of part 82 to read as follows:

Appendix E to Subpart A of Part 82--Article 5 Parties

    Afghanistan, Albania, Algeria, Angola, Antigua & Barbuda,
Argentina, Armenia, Bahamas, Bahrain, Bangladesh, Barbados, Belize,
Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil,
Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape
Verde, Central African Republic, Chad, Chile, China, Colombia,
Comoros, Congo, Congo, Democratic Republic of, Cook Islands, Cost
Rica, C[ocirc]te d'Ivoire, Croatia, Cuba, Djibouti, Dominica,
Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea,
Eritrea, Ethiopia, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada,
Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, India,
Indonesia, Iran, Islamic Republic of, Iraq, Jamaica, Jordan, Kenya,
Kiribati, Korea, People's Democratic Republic of, Korea, Republic
of, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon,
Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi,
Malaysia, Maldives, Mali, Marshall Islands, Mauritania, Mauritius,
Mexico, Micronesia, Federal States of, Moldova, Mongolia,
Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal,
Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan, Palau, Panama,
Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint
Kitts and Nevis, Saint Lucia, Saint Vincent & the Grenadines, Samoa,
Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles,
Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, Sri
Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tanzania,
United Republic of, Thailand, The Former Yugoslav Republic of
Macedonia, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia,
Turkey, Turkmenistan, Tuvalu, Uganda, United Arab Emirates, Uruguay,
Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

[FR Doc. E9-29569 Filed 12-14-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Rules and Regulations]
[Page 39074]
[FR Doc No: 2020-14130]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0297]

Safety Zones; Recurring Safety Zone in Captain of the Port Sault
Sainte Marie Zone for Events in July

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will establish a safety zone for the Sault
Sainte Marie 4th of July fireworks. Our regulation for safety zones
within the Captain of the Port Sault Sainte Marie Zone identifies the
regulated area for this safety zone. This action is necessary and
intended to protect the safety of life and property on navigable waters
prior to, during, and immediately after firework displays. During the
enforcement periods listed below, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Sault Sainte Marie or a designated representative.

DATES: The regulations in 33 CFR 165.918 will be enforced on or around
July 4, 2020, from thirty minutes before sunset to thirty minutes after
the end of the fireworks display.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email BOSN4 Robert Gruschow, Waterways
Management, U.S. Coast Guard Sector Sault Sainte Marie; telephone
(906)-253-2462, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones in 33 CFR 165.918 as per the time, dates, and locations in Table
1 below.

                                 Table 1
------------------------------------------------------------------------
             Event                     Location            Event date
------------------------------------------------------------------------
(10) Sault Sainte Marie Fourth  All U.S. navigable      Beginning on or
 of July Celebration             waters of the St.       around July
 Fireworks; Sault Sainte         Marys River within an   4th; 30 minutes
 Marie, MI.                      approximate 1000-foot   before sunset
                                 radius around the       and 30 minutes
                                 eastern portion of      after the end
                                 the U.S. Army Corp of   of the
                                 Engineers Soo Locks     fireworks
                                 North East Pier,        display.
                                 centered in position:
                                 46[deg]30'19.966'' N,
                                 084[deg]20'31.61'' W.
------------------------------------------------------------------------

    This action is being taken to protect the safety of life and
property on navigable waters prior to, during, and immediately after
firework displays. During the enforcement period, no vessel may transit
this regulated area without approval from the Captain of the Port Sault
Sainte Marie or a designated representative. Vessels and persons
granted permission to enter the safety zone shall obey all lawful
orders or directions of the Captain of the Port Sault Sainte Marie, or
an on-scene representative.
    This notice of enforcement is issued under authority of 33 CFR
165.930 and 5 U.S.C. 552 (a). In addition to this notice in the Federal
Register, the Coast Guard will also provide notice through other means,
which will include Broadcast Notice to Mariners, Local Notice to
Mariners, distribution in leaflet form, and on-scene oral notice. The
Captain of the Port Sault Sainte Marie or a designated on-scene
representative may be contacted via Channel 16, VHF-FM or at (906) 635-
3319.

    Dated: June 25, 2020.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie,
[FR Doc. 2020-14130 Filed 6-29-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40354-40356]
[FR Doc No: 2020-14379]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89175; File No. SR-NYSENAT-2020-20]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Extend
the Temporary Waiver of the Co-location Hot Hands Fee

June 29, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 17, 2020, NYSE National, Inc. (``NYSE National'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 extend the temporary waiver of the co-
location ``Hot Hands'' fee. The proposed rule change is available on
the Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to extend of the temporary waiver of the co-
location \4\ ``Hot Hands'' fee through the earlier of August 31, 2020
and the reopening of the Mahwah, New Jersey data center (``Data
Center''). The waiver of the Hot Hands fee is scheduled to expire on
June 30, 2020.\5\
---------------------------------------------------------------------------

    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in May 2018. See Securities Exchange Act Release
No. 83351 (May 31, 2018), 83 FR 26314 (June 6, 2018) (SR-NYSENAT-
2018-07).
    \5\ See Securities Exchange Act Release No. 88958 (May 27,
2020), 85 FR 33764 (June 2, 2020) (SR-NYSENAT-2020-18).
---------------------------------------------------------------------------

    The Exchange is an indirect subsidiary of Intercontinental
Exchange,

Inc. (``ICE''). Through its ICE Data Services (``IDS'') business, ICE
operates the Data Center, from which the Exchange provides co-location
services to Users.\6\ Among those services is a ``Hot Hands'' service,
which allows Users to use on-site Data Center personnel to maintain
User equipment, support network troubleshooting, rack and stack a
server in a User's cabinet; power recycling; and install and document
the fitting of cable in a User's cabinet(s).\7\ The Hot Hands fee is
$100 per half hour.
---------------------------------------------------------------------------

    \6\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See 83 FR 26314, supra
note 4, at note 9. As specified in the Exchange's Price List, a User
that incurs co-location fees for a particular co-location service
pursuant thereto would not be subject to co-location fees for the
same co-location service charged by the Exchange's affiliates the
New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., and
NYSE Chicago, Inc. (together, the ``Affiliate SROs''). See id. at
note 11. Each Affiliate SRO has submitted substantially the same
proposed rule change to propose the changes described herein. See
SR-NYSE-2020-53, SR-NYSEAmer-2020-46, SR-NYSEArca-2020-20, and SR-
NYSECHX-2020-19.
    \7\ See 83 FR 26314, supra note 4.
---------------------------------------------------------------------------

    ICE previously announced to Users that the Data Center would be
closed to third parties starting on March 16, 2020, to help avoid the
spread of COVID-19, which could negatively impact Data Center
functions. Prior to the closure of the Data Center, the Chief Executive
Officer of the Exchange took the actions required under NYSE National
Rule 7.1 to close the co-location facility of the Exchange to third
parties. The closure period was extended twice, through June 30, 2020
(the ``Initial Closure'').\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 88399 (March 17,
2020), 85 FR 16428 (March 23, 2020) (SR-NYSENAT-2020-10), and 88521
(March 31, 2020), 85 FR 19194 (April 6, 2020) (SR-NYSENAT-2020-14).
---------------------------------------------------------------------------

    ICE has announced to Users that, because the concerns that led to
the Initial Closure still apply, the closure of the Data Center will be
extended, with the date of the reopening announced through a customer
notice.
    If a User's equipment requires work while a Rule 7.1 closure is in
effect, the User has to use the Hot Hands service and, absent a waiver,
incurs Hot Hands fees for the work. Given that, the Exchange waived all
Hot Hands fees for the duration of the Initial Closure.\9\ Because the
period has been extended, the Exchange proposes to extend the waiver of
the Hot Hands Fee for the length of the period. To that end, the
Exchange proposes to revise the footnote to the Hot Hands Fee in the
Price List as follows (deletions bracketed, additions italicized):
---------------------------------------------------------------------------

    \9\ See 85 FR 33764, supra note 5.

    [dagger] Fees for Hot Hands Services will be waived beginning on
March 16, 2020 through the earlier of [June 30]August 31, 2020 and
---------------------------------------------------------------------------
the reopening of the Mahwah, New Jersey data center.

    The Exchange believes that there will be sufficient Data Center
staff on-site to comply with User requests for Hot Hands service.
    The proposed extension of the waiver would apply equally to all
Users. The proposed extension of the fee waiver would not apply
differently to distinct types or sizes of market participants. Rather,
it would continue to apply uniformly to all Users.
    The proposed change is not otherwise intended to address any other
issues relating to co-location services and/or related fees, and the
Exchange is not aware of any problems that Users would have in
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\11\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers. In addition, it is designed to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change is Reasonable
    The Exchange believes that the proposed rule change is reasonable
for the following reasons.
    Given that the closure of the Data Center has been extended, the
Exchange believes that it is reasonable to grant the proposed
corresponding extension of the waiver of the Hot Hands Fee. While a
Rule 7.1 closure is in effect, User representatives are not allowed
access to the Data Center. If a User's equipment requires work during
such period, the User has to use the Hot Hands service. Absent a
waiver, the User would incur Hot Hands fees for the work.
    The proposed extension of the waiver would allow a User to have
work carried out on its equipment notwithstanding the closure of the
Data Center without incurring Hot Hands fees.
The Proposed Rule Change is Equitable
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits for the following reasons.
    The proposed extension of the waiver would apply equally to all
Users. The proposed extension would not apply differently to distinct
types or sizes of market participants. Rather, it would apply uniformly
to all Users.
    The Exchange believes that the proposal is equitable because the
extension of the waiver would mean that for the duration of the closure
of the Data Center all similarly-situated Users would not be charged a
fee to use the Hot Hands service.
The Proposed Change is Not Unfairly Discriminatory and Would Protect
Investors and the Public Interest
    The Exchange believes that the proposed change is not unfairly
discriminatory for the following reasons.
    The proposed extension of the waiver would not apply differently to
distinct types or sizes of market participants. Rather, all Users whose
equipment requires work during the extension of the Data Center closure
would have the resulting fees waived, and the extension of the waiver
would apply uniformly to all Users during the period. For the reasons
above, the proposed changes do not unfairly discriminate between or
among market participants.
    In addition, the Exchange believes that the proposed rule change
would perfect the mechanisms of a free and open market and a national
market system and, in general, protect investors and the public
interest because it would allow a User to have work carried out on its
equipment notwithstanding a Rule 7.1 closure without incurring Hot
Hands fees. Accordingly, the Exchange believes that the requested
extension of the waiver is designed to perfect the mechanisms of a free
and open market and a national market system and, in general, protect
investors and the public interest by facilitating the uninterrupted
availability of Users' equipment.
    For all of the above reasons, the Exchange believes that the
proposal is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\12\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

Intramarket Competition
    The Exchange does not believe that the proposed change would place
any burden on intramarket competition that is not necessary or
appropriate.
    The proposed extension of the waiver is not designed to affect
competition, but rather to provide relief to Users that, while a Rule
7.1 closure is in effect, have no option but to use the Hot Hands
service.
    The proposed extension of the waiver would not apply differently to
distinct types or sizes of market participants. Rather, all Users whose
equipment requires work during the extension of the Data Center closure
would have the resulting fees waived, and the extension of the waiver
would apply uniformly to all Users during the period.
Intermarket Competition
    The Exchange does not believe that the proposed change would impose
any burden on intermarket competition that is not necessary or
appropriate.
    The Exchange believes that the proposed change would not affect the
competitive landscape among the national securities exchanges, as the
Hot Hands service is solely charged within co-location to existing
Users, and would be temporary.
    For the reasons described above, the Exchange believes that the
proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule
19b-4 \14\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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>6f1d1a030a420c0002020a011b1c2f1c0a0c41080019. Please include File Number SR-NYSENAT-2020-20 on the
subject line.

Paper Comments

     Send paper comments in triplicate to: Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.
All submissions should refer to File Number SR-NYSENAT-2020-20. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street, NE, Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSENAT-2020-20 and should be submitted
on or before July 27, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-14379 Filed 7-2-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26667-26668]
[FR Doc No: 2019-12050]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-125-000]

Notice of Schedule for Environmental Review of the Index 99
Expansion Project: Gulf South Pipeline Company, LP

    On March 29, 2019, Gulf South Pipeline Company (Gulf South) filed
an application in Docket No. CP19-125-000 requesting a Certificate of
Public Convenience and Necessity pursuant to Section 7(c) of the
Natural Gas Act to construct and operate certain natural gas pipeline
facilities. The proposed project is known as the Index 99 Expansion
Project, and would consist of the construction of a new pipeline, new
launcher and receiver facilities, a new mainline valve, and
modifications to an existing compressor station. All project components
are in Texas and Louisiana. The project would provide about 500 million
cubic feet/per day (MMcf/d) of new natural gas firm transportation
service to markets along the Gulf Coast region, as well as provide for
an additional 250 MMcf/d of capacity to Gulf South's existing
facilities in northern Louisiana, for a total maximum daily quantity of
750 MMcf/d.
    On April 12, 2019, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the project.

Schedule for Environmental Review

Issuance of EA--November 22, 2019
90-day Federal Authorization Decision Deadline--February 20, 2020
    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
project's progress.

Project Description

    The proposed project consists of the following facilities:
     Installation of approximately 22 miles of new 30-inch-
diameter pipeline (Index 99L), including cathodic protection, in San
Augustine and Sabine Counties, Texas;
     installation of a pig \1\ receiver at the intersection of
the new Index 99L pipeline and Gulf South's existing Index 99 System,
in San Augustine County, Texas;
---------------------------------------------------------------------------

    \1\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
---------------------------------------------------------------------------

     installation of a pig launcher at the intersection of the
new Index 99L pipeline and Gulf South's existing Index 99 System and
Index 129 Legacy System, in Sabine County, Texas;
     installation of one new mainline valve assembly along the
new Index 99L pipeline, in San Augustine County, Texas; and
     installation of approximately 250 feet of new 24-inch-
diameter station pipe and a 24-inch-diameter pressure control valve at
the existing Hall Summit Compressor Station in Bienville Parish,
Louisiana.

Background

    On May 13, 2019, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Index 99 Expansion
Project and Request for Comments on Environmental Issues (NOI). The NOI
was sent to affected landowners; federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; other interested parties; and local libraries
and newspapers. All substantive comments received will be addressed in
the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. 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.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP19-125), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: June 3, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-12050 Filed 6-6-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Page 27042]
[FR Doc No: 2018-12434]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-789, OMB Control No. 3235-0371]

Proposed Collection; Comment Request; Generic ICR: Generic
Clearance for the Collection of Qualitative Feedback on Agency Service
Delivery

Upon Written Request Copies Available From: U.S. Securities and
Exchange Commission, Office of FOIA Services, 100 F Street NE,
Washington, DC 20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    The information collection activity will garner qualitative
customer and stakeholder feedback in an efficient, timely manner, in
accordance with the Administration's commitment to improving service
delivery. By qualitative feedback we mean information that provides
useful insights on perceptions and opinions, but are not statistical
surveys that yield quantitative results that can be generalized to the
population of study. This feedback will provide insights into customer
or stakeholder perceptions, experiences and expectations, provide an
early warning of issues with service, or focus attention on areas where
communication, training or changes in operations might improve delivery
of products or services. These collections will allow for ongoing,
collaborative and actionable communications between the SEC and its
customers and stakeholders. It will also allow feedback to contribute
directly to the improvement of program management.
    Feedback collected under this generic clearance will provide useful
information, but it will not yield data that can be generalized to the
overall population. This type of generic clearance for qualitative
information will not be used for quantitative information collections
that are designed to yield reliably actionable results, such as
monitoring trends over time or documenting program performance.
Depending on the degree of influence the results are likely to have,
such collections may still be eligible for submission for other generic
mechanisms that are designed to yield quantitative results.
    Below is the projected average estimates for the next three years:
    Expected Annual Number of Activities: [10].
    Respondents: [20,000].
    Annual Responses: [20,000].
    Frequency of Response: Once per request.
    Average Minutes per Response: [10].
    Burden Hours: [3500].
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Candace Kenner, 100 F Street NE, Washington, DC 20549, or send an email
to: [email protected].

    Dated: June 5, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12434 Filed 6-8-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Page 29753]
[FR Doc No: 2017-13844]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0612]

Safety Zone; Fourth of July Fireworks, Glenbrook NV

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zone for the Fourth of
July Fireworks display in the Captain of the Port, San Francisco area
of responsibility during the dates and times noted below. This action
is necessary to protect the life and property of the maritime public
from the hazards associated with the fireworks display. During the
enforcement period, unauthorized persons or vessels are prohibited from
entering into, transiting through, or anchoring in the safety zone,
unless authorized by the Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 165.1191, Table 1, Item number 16 will
be enforced from 7 a.m. through 10:30 p.m. on July 4, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email Lieutenant Junior Grade Christina
Ramirez, U.S. Coast Guard Sector San Francisco; telephone (415) 399-
2001 or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone
in navigable waters around and under a fireworks barge within a radius
of 100 feet during the loading of the fireworks barge and until the
start of the fireworks display. From 7 a.m. until 8 a.m. on July 4,
2017, the fireworks barge will be loading pyrotechnics at the launch
site in Glenbrook Bay in approximate position 39[deg]05'18'' N.,
119[deg]56'34'' W. (NAD 83). The fireworks barge will remain at the
launch site in Glenbrook Bay in approximate position 39[deg]05'18'' N.,
119[deg]56'34'' W. (NAD 83) until the commencement of the fireworks
display. Upon the commencement of the 20 minute fireworks display,
scheduled to begin at approximately 9:30 p.m. on July 4, 2017, the
safety zone will increase in size and encompass the navigable waters
around and under the fireworks barge within a radius 1,000 feet in
approximate position 39[deg]05'18'' N., 119[deg]56'34'' W. (NAD 83).
Upon the conclusion of the fireworks display the safety zone shall
terminate. This safety zone will be in effect from 7 a.m. until
approximately 10:30 p.m. on July 4, 2017.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order or direction. The PATCOM is
empowered to forbid entry into and control the regulated area. The
PATCOM shall be designated by the Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    This notice of enforcement is issued under authority of 33 CFR
165.1191 and 5 U.S.C. 552(a). In addition to this notification in the
Federal Register, the Coast Guard will provide the maritime community
with extensive advance notification of the safety zone and its
enforcement period via the Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notification, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: May 23, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2017-13844 Filed 6-29-17; 8:45 am]
 BILLING CODE 9110-04-P