[Federal Register: April 30, 2010 (Volume 75, Number 83)]
[Proposed Rules]
[Page 22724-22725]
[DOCID:fr30ap10-19]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0890]
RIN 1625-AA09

Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA,
Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed
rulemaking (NPRM) concerning the drawbridge operation regulation for
the Burlington Northern Santa Fe Railroad Bridge across Chambers Creek,
mile 0.0, at Steilacoom, Washington, by which two-hour notice would
have been required for openings from 3:30 p.m. to 7 a.m. every day. The
NPRM is being withdrawn because of multiple objections to the proposed
change from users of that waterway.

DATES: The notice of proposed rulemaking is withdrawn on April 30,
2010.

ADDRESSES: The docket for this withdrawn rulemaking is available for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 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. You may
also find this docket on the Internet by going to http://
www.regulations.gov, inserting USCG-2009-0890 in the ``Keyword'' box
and then clicking ``Search''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail Austin Pratt, Chief, Bridge Section, Waterways
Management Branch, Thirteenth Coast Guard District; telephone 206-220-
7282, e-mail address<EMAIL_ADDRESS>If you have questions on
viewing materials in the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 2009, we published an NPRM entitled ``Drawbridge
Operation Regulation; Chambers Creek, Steilacoom, WA, Schedule Change''
in the Federal Register (74 FR 64641). The

NPRM proposed to change current regulations so that Burlington Northern
Railroad, the owner of the Chambers Creek Bridge, would only have been
required to raise the draw of the bridge between 3:30 p.m. and 7 a.m.
everyday if at least two hours of notice is provided. At all other
times the draw would have been required to be raised on signal.

Withdrawal

    The NPRM is being withdrawn because of multiple objections to the
change from users of the waterway in question and, in particular, the
clients of the marina upstream of the Chambers Creek Bridge. The
primary point of objection was that 3:30 p.m. was too early in the day,
especially in summer boating season, to require a two-hour notice. This
would pertain mostly to vessels returning to moorage at the end of a
day of boating.
    The Coast Guard received a total of 17 written responses. At least
seven boaters suggested that a two-hour notice outside daylight hours
would be feasible or a seasonal change outside the peak boating season.
A dozen respondents pointed out that the draw records cited in the NPRM
did not cover the peak summer months of boating. These records were no
longer available from the bridge owner. Seven responses also noted that
boaters often group together for a single draw opening thereby reducing
the number of openings that otherwise would have been tallied for
single-vessel passages. Additionally, several comments noted that tide
elevations are a significant factor at Chambers Creek. Many lower tides
stop boat traffic altogether and would fail to coincide favorably with
the proposed hours.
    No less than eleven responses cited numerous failures of the bridge
owner to operate according to the existing regulations. The chief
violations were reported as the absence of drawtenders and unreasonable
delays to openings. At least two boat owners observed that cell phone
coverage is not adequate for telephone contact by vessels returning to
moorage from popular boating locations in Puget Sound that are two
hours travel time from the marina. Several comments were concerned with
delayed access of fireboats in the event of a marina fire.

Authority

    This action is taken under the authority of 33 U.S.C. 499; 33 CFR
1.05-1; Department of Homeland Security Delegation No. 0170.1.

    Dated: April 8, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-10076 Filed 4-29-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Proposed Rules]
[Pages 15939-15940]
[FR Doc No: 2023-05380]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 88, No. 50 / Wednesday, March 15, 2023 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2023-0073]
RIN 1625-AA00

Safety Zone; South Fork Wind Farm Project Area, Outer Continental
Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean;
Corrections

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking; corrections.

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SUMMARY: On March 6, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) to establish 13 temporary 500-meter safety
zones in the South Fork Wind Farm project area. That proposed rule
contained four labeling plot location errors and one error of the
coordinates describing a labeling plot location. This document corrects
those errors in the NPRM.

DATES: Comments to the NPRM published at 88 FR 13745 on March 6, 2023,
and related material must be received by the Coast Guard on or before
April 5, 2023. This correction will not cause any delay of the
originally established comment period for the NPRM.

FOR FURTHER INFORMATION CONTACT: If you have questions about the
proposed rulemaking, call or email Mr. Craig Lapiejko, Waterways
Management, at Coast Guard First District, telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: On March 6, 2023, the Coast Guard published
a NPRM titled ``Safety Zone; South Fork Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic
Ocean'' (88 FR 13745). In this NPRM we discussed a proposal to
establish 13 safety zones to ensure the safety of life, property, and
the environment within a 500-meter radius of each of the 13 facilities
during their construction. Four of the names for labeling plot
locations in addition to the coordinates of one labeling plot location
were discovered to be erroneous and require correction.
    The positions of each individual safety zone in our proposed rule
were referred to using a unique alpha-numeric naming convention
outlined in the ``Rhode Island and Massachusetts Structure Labeling
Plot (West)''.\1\ This document corrects both tables and a chartlet
discussed in our proposed rule by correcting the four labeling plot
location errors with replacing AN07, AM09, AN10, and AP10 with AM05,
AN05, AP05, and AN08, and correcting the coordinates describing AN06.
---------------------------------------------------------------------------

    \1\ The Rhode Island and Massachusetts Structure Labeling Plot
(West) is an attachment to the Conditions of Construction and
Operations Plan Approval Lease Number OCS-A 0517 (boem.gov) and can
be found at https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/SFWF-COP-Terms-and-Conditions.pdf.
---------------------------------------------------------------------------

    In accordance with 33 CFR 147.15, the proposed safety zones would
include the area within 500-meters of the center point of the positions
provided in the corrected table expressed in Decimal Degrees based on
North American Datum 1983 (NAD 83).
    The corrected chartlet showing positions of each proposed safety
zone using unique alpha-numeric naming convention is also set out.

Corrections

    1. On page 13746, the table is corrected to read as follows:

----------------------------------------------------------------------------------------------------------------
              Name                   Facility type              Latitude                      Longitude
----------------------------------------------------------------------------------------------------------------
AM05............................  WTG...............  N 41.10879493                 W -71.19110374
AM06............................  WTG...............  N 41.10921219                 W -71.16906236
AM07............................  WTG...............  N 41.10962524                 W -71.14702052
AM08............................  WTG...............  N 41.11003408                 W -71.12497822
AN05............................  WTG...............  N 41.09212418                 W -71.19054951
AN06............................  WTG...............  N 41.09195639                 W -71.16788437
AN08............................  WTG...............  N 41.09336261                 W -71.12444068
AN09............................  WTG...............  N 41.093767                   W -71.1024035
AP05............................  WTG...............  N 41.07545338                 W -71.18999573
AP06............................  OSS...............  N 41.07587016                 W -71.16796548
AP07............................  WTG...............  N 41.07628273                 W -71.14593476
AP08............................  WTG...............  N 41.07669109                 W -71.12390359
AP09............................  WTG...............  N 41.07709524                 W -71.10187197
----------------------------------------------------------------------------------------------------------------

    2. On page 13748, the chartlet is corrected to read as follows:

[GRAPHIC] [TIFF OMITTED] TP15MR23.005

    This document is published under the authority of 5 U.S.C. 552(a).

    Dated: March 13, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-05380 Filed 3-14-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Page 8523]
[FR Doc No: 2019-04185]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-51-000]

Cube Yadkin Generation, L.L.C. v. PJM Interconnection, L.L.C.;
Notice of Complaint

    Take notice that on March 1, 2019, Cube Yadkin Generation, L.L.C.
(Cube Yadkin or Complainant) filed a formal complaint against PJM
Interconnection, L.L.C. (PJM or Respondent) pursuant to sections 206
and 306 of the Federal Power Act, 16 U.S.C. 824e, 825e, and Rule 206 of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206 (2018), alleging that PJM's
pseudo-tie requirements applicable to external resources seeking to
participate in PJM's capacity market as applied by PJM are unjust,
unreasonable and unduly discriminatory and preferential, all as more
fully explained in the complaint.
    Cube Yadkin certifies that copies of the complaint was served on
the contacts for PJM as listed on the Commission's list of Corporate
Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 21, 2019.

    Dated: March 4, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04185 Filed 3-7-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 11, 2005 (Volume 70, Number 195)]
[Notices]
[Page 59097-59099]
[DOCID:fr11oc05-74]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52559; File No. 10-131]

The Nasdaq Stock Market Inc., Notice of Filing of Amendment Nos.
4 and 5 to Its Application for Registration as a National Securities
Exchange Under Section 6 of the Securities Exchange Act of 1934

October 4, 2005.
    On August 15, 2005, The Nasdaq Stock Market Inc. (``Nasdaq'')
submitted to the Securities and Exchange Commission (``SEC'' or
``Commission'') Amendment No. 4 \1\ to its application for registration
as a national securities exchange (``Form 1'') under Section 6 \2\ of
the Securities Exchange Act of 1934 (``Exchange Act''). Nasdaq's
Amendment No. 4 supersedes and replaces Nasdaq's original filing and
intervening amendments. On September 23, 2005, Nasdaq filed Amendment
No. 5 to its Form 1.\3\ The Commission is publishing this notice to
solicit comments on Nasdaq's Form 1 as amended by Amendment Nos. 4 and
5. \4\
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    \1\ See Letter to Robert L.D. Colby, Deputy Director, Division
of Market Regulation (``Division''), SEC, from Edward S. Knight,
Executive Vice President and General Counsel, Nasdaq, dated August
15, 2005 (``Amendment No. 4'').
    \2\ 15 U.S.C. 78(f).
    \3\ See Letter to Robert L.D. Colby, Deputy Director, Division,
SEC, from Edward S. Knight, Executive Vice President and General
Counsel, Nasdaq, dated September 23, 2005 (``Amendment No. 5''). In
Amendment No. 5, Nasdaq corrected typographical errors that were
submitted in Amendment No. 4.
    \4\ Complete copies of Nasdaq's Amendment Nos. 4 and 5 to its
Form 1 are available in the Commission's Public Reference Room, File
No. 10-131. Portions of Nasdaq's Form 1 as amended by Amendment Nos.
4 and 5, including Nasdaq's rules, are available on the Commission's
Internet Web site (http://www.sec.gov).

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I. Background

    Nasdaq originally submitted its Form 1 on March 15, 2001, which the
Commission published for comment in the Federal Register on June 13,
2001.\5\ Nasdaq subsequently amended its Form 1 three times.\6\ In
response to Nasdaq's Form 1 and its amendments, the Commission has
received 82 comment letters.\7\
---------------------------------------------------------------------------

    \5\ See Exchange Act Release No. 44396 (June 7, 2001), 66 FR
31952 (``Original Notice''). The Commission extended the comment
period for Nasdaq's Original Notice for 30 days. See Exchange Act
Release No. 44625 (July 31, 2001), 66 FR 41056 (August 6, 2001).
    \6\ See Letters from Edward S. Knight, Executive Vice President
and General Counsel, Nasdaq, to Annette Nazareth, Director,
Division, SEC, dated November 13, 2001 (``Amendment No. 1'');
Jonathan G. Katz, Secretary, SEC, dated December 5, 2001
(``Amendment No. 2''); and Annette Nazareth, Director, Division,
SEC, dated January 8, 2002 (``Amendment No. 3'').
    \7\ The comment letters are available in the Commission's Public
Reference Room and some of these comment letters are available on
the Commission's Internet Web site (http://www.sec.gov).

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

    Nasdaq currently is exempt from the definition of an ``exchange''
under Rule 3a1-1 because it is operated by the National Association of
Securities Dealers, Inc. (``NASD'').\8\ In order for NASD to relinquish
regulatory control of Nasdaq, Nasdaq must register as a national
securities exchange.\9\ Accordingly, Nasdaq has filed a completely new
Form 1, including all of

the required exhibits, to register as a national securities exchange.
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    \8\ Pursuant to Rule 3a1-1, an organization, association, or
group of persons shall be exempt from the definition of ``exchange''
if it is operated by a national securities association. Unless
another exemption from the definition of ``exchange'' applies, such
organization, association, or group of persons that otherwise meets
the definition of an ``exchange'' must register as such with the
Commission. 17 CFR 240.3a1-1.
    \9\ For a complete description of NASD's current ownership in
Nasdaq see Exhibit K to the Form 1.
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II. Nasdaq's Amended Exchange Registration

    Nasdaq filed Amendment No. 4 to, among other things, address
concerns raised by its original application.\10\ Specifically,
Amendment No. 4 would limit the ambit of Nasdaq's proposed exchange to
those transactions that occur in the Nasdaq Market Center, formerly
known as SuperMontage, and Brut.\11\ Nasdaq also has proposed that all
transactions on the Nasdaq Market Center be executed in price/time
priority.\12\ Trades that are executed in the internal systems of NASD
members would be reported under NASD rules to NASD's Alternative
Display Facility (``ADF'') or a proposed new NASD facility. This new
facility would be jointly owned by Nasdaq and NASD but would be a
facility of NASD and thus would be subject to NASD's exclusive
regulatory control.\13\
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    \10\ In December 2004, Nasdaq filed with the Commission a
proposed rule change to amend the rules that govern how executions
occur in the Nasdaq Market Center to eliminate the rules that permit
executions to occur outside of price/time priority. See Exchange Act
Release No. 50845 (December 13, 2004), 69 FR 76022 (December 20,
2004) (``December Proposal''). Specifically, Nasdaq proposed to
eliminate the execution algorithm that requires orders to be
internalized in the Nasdaq Market Center, the Directed Order
process, and the use of preferenced orders. The Commission published
this proposal and Nasdaq has asked the Commission to consider
approval of this proposal in connection with its application to
register as a national securities exchange. Subsequent to the
December Proposal, Nasdaq filed another proposed rule change to
eliminate immediately the Directed Order Process, which the
Commission approved on July 28, 2005. See Exchange Act Release No.
52148, 70 FR 44711 (August 3, 2005). These changes to the rules that
govern the execution of orders in the Nasdaq Market Center are
reflected in Amendment No. 4. In addition, the Over-the-Counter
Bulletin Board is no longer part of Nasdaq's exchange application
and will remain with NASD. See NASD Proposal, infra note 13.
    \11\ Nasdaq acquired Brut in September 2004 and the rules
governing the execution of transactions on Brut were approved by the
Commission in March 2005. See Exchange Act Release No. 51326 (March
7, 2005), 70 FR 12521 (March 14, 2005). Nasdaq has included the
rules governing transactions executed in the Brut system as part of
Amendment No. 4 to its Form 1. The Commission notes that Nasdaq has
entered into an agreement to purchase Instinet, which will result in
Nasdaq's ownership of Inet. This transaction has not closed and
thus, Nasdaq has not submitted the rules governing the operation of
Inet with this latest amendment.
    \12\ See December Proposal, supra note 10.
    \13\ See Exchange Act Release No. 52049 (July 15, 2005), 70 FR
42398 (July 22, 2005) (``NASD Proposal'').
---------------------------------------------------------------------------

    Nasdaq proposes to require its members to comply with NASD's Order
Audit Trail (``OATS'') requirements. To do so, Nasdaq has carried over
certain OATS rules into its own rulebook and has incorporated by
reference other NASD OATS requirements.\14\ In addition, Nasdaq members
would be required to append an identifier to all orders entered into
Nasdaq for purposes of tracking the order in OATS.\15\ Because Nasdaq
will require its members to report order information to OATS, Nasdaq
will have access to certain OATS data for regulatory purposes. The
Commission requests comment on the extent to which Nasdaq should be
able to use OATS data for non-regulatory purposes. The Commission
further requests comment on whether Nasdaq should have access to OATS
data regarding: (1) all orders its members receive, including those
orders that are routed to markets other than Nasdaq; and (2) reports of
executions by its members that are reported to the new NASD trade
reporting facility.\16\
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    \14\ See proposed Nasdaq Rule 6950 Series.
    \15\ See proposed Nasdaq Rule 6954(c). NASD has proposed a
corresponding change to its OATS rules. See NASD Proposal, supra
note 13.
    \16\ See NASD Proposal, supra note 13.
---------------------------------------------------------------------------

    To oversee the performance of its regulatory obligations, Nasdaq
has proposed to create a fully-independent committee of the exchange's
Board of Directors, the Regulatory Oversight Committee (``ROC'').\17\
This committee will consist of three Public Directors that satisfy the
definition ``independent director'' set forth in proposed Nasdaq Rule
4200. The ROC would, among other things, be responsible for monitoring
the adequacy and effectiveness of Nasdaq's regulatory program. In
addition, the ROC would oversee the Chief Regulatory Officer (``CRO'')
by periodically meeting with the CRO in executive session to consider
regulatory issues. The ROC also would be informed about the
compensation of the CRO, and his promotion or termination (including
reasons). Finally, the regulatory budget would be presented to the ROC
so that its members may monitor the adequacy of resources available for
Nasdaq's regulatory program.
---------------------------------------------------------------------------

    \17\ See proposed Article III, Section 5(e) of the Nasdaq
Exchange By-Laws.
---------------------------------------------------------------------------

    Nasdaq proposes that its CRO have general supervision of the
regulation of the exchange, including overseeing the proposed
exchange's surveillance, examination, and enforcement functions, and
administering a regulatory services agreement.\18\ The CRO would be an
executive vice president or senior vice president that reports to the
Chief Executive Officer, and could also serve as Nasdaq's General
Counsel.
---------------------------------------------------------------------------

    \18\ See proposed Article IV, Section 7 of the Nasdaq Exchange
By-Laws.
---------------------------------------------------------------------------

    The Commission requests comment on whether Nasdaq's proposed
regulatory structure, including the ROC and CRO, is consistent with
Section 6(b)(1) of the Exchange Act,\19\ which requires an exchange to
be so organized and have the capacity to carry out the purposes of the
Exchange Act and comply, and enforce compliance by its members and
persons associated with its members, with the Exchange Act, the rules
thereunder, and the exchange's rules. Specifically, does Nasdaq's
proposed structure insulate its regulatory function from its market and
other commercial operations so that it may carry out its regulatory
obligations under the Exchange Act?
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The Form 1 provides detailed information about Nasdaq and how it
proposes to satisfy the requirements of the Exchange Act. The
Commission shall grant such registration if it finds that the
requirements of the Exchange Act and the rules and regulations
thereunder with respect to Nasdaq are satisfied.\20\ In addition to the
issues discussed above, there are a number of implications to Nasdaq's
separation from NASD and its application to register and operate as an
exchange. For example, while Section 10(a) of the Exchange Act \21\
does not apply to the trading of Nasdaq stocks, if the Commission
approves Nasdaq's registration as an exchange, Section 10(a) will apply
to such trading, absent an exemption. In addition, if Nasdaq becomes an
exchange, its members would be subject to Section 11 of the Exchange
Act.\22\ Moreover, Nasdaq must demonstrate that it can satisfy its
obligations under Section 11A of the Exchange Act.\23\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(a).
    \21\ 15 U.S.C. 78j(a).
    \22\ 15 U.S.C. 78k.
    \23\ 15 U.S.C. 78k-1.
---------------------------------------------------------------------------

    Nasdaq's application to register as a national securities exchange
also has implications for NASD, which, as a national securities
association, will continue to be required to collect bids, offers,
quotation sizes and transaction reports from those entities that wish
to trade listed securities, including Nasdaq securities, otherwise than
on a national securities exchange.\24\ Under Section 15A of the
Exchange Act, NASD must have a quotation reporting facility for non-
Nasdaq exchange-listed securities.\25\
---------------------------------------------------------------------------

    \24\ 17 CFR 242.602(a)(1)(ii), Rule 242.601.
    \25\ 15 U.S.C. 78o-3.

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

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Nasdaq's
Amendment Nos. 4 and 5 to its Form 1 are consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

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

File Number 10-131 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number 10-131. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/other.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to Nasdaq's Form 1 filed with the
Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. The Commission
requests that commenters focus on issues raised in Nasdaq's Form 1,
File No. 10-131, when submitting comments on this notice. All
submissions should refer to File Number 10-131 and should be submitted
on or before November 10, 2005.

    By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-20314 Filed 10-7-05; 8:45 am]

BILLING CODE 8010-01-P


                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460
                                                      Approval expires xx/xx/xx
                                                               OMB No.2050-0068

                  Notification for Underground Storage Tanks
Implementing Agency Name And Address:
                         IMPLEMENTING AGENCY USE ONLY

ID NUMBER:

DATE RECEIVED:

                             TYPE OF NOTIFICATION

DATE ENTERED INTO COMPUTER:
 A. NEW FACILITY OR ONE-TIME NOTIFICATION (previously deferred system)
 B. AMENDED
 C. CLOSURE OR CHANGE-IN-SERVICE
DATA ENTRY CLERK INITIALS:

OWNER WAS CONTACTED TO CLARIFY RESPONSES, COMMENTS:
_____  Number of tanks at facility
_____  Number of continuation sheets attached
What USTs Are Included?  An UST system is defined as any one or combination of tanks that is used to contain an accumulation of regulated substances, and whose volume (including connected underground piping) is 10 percent or more beneath the ground.  Regulated USTs store petroleum or hazardous substances (see What Substances Are Covered below).  This includes UST systems with field-constructed tanks and airport hydrant fuel distribution systems.
What Tanks Are Excluded From Notification (see § 280.10 and § 280.12)?
  Tanks removed from the ground before May 8, 1986;
  Farm or residential tanks of 1,100 gallons or less capacity storing motor fuel for noncommercial purposes;
  Tanks storing heating oil for use on the premises where stored;
  Septic tanks;
  Certain pipeline facilities regulated under chapters 601 and 603 of Title 49;
  Surface impoundments, pits, ponds, or lagoons;
  Storm water or wastewater collection systems;
  Flow-through process tanks;
  Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;
  Tanks on or above the floor of underground areas, such as basements or tunnels;
  Tanks with a capacity of 110 gallons or less;
  Wastewater treatment tank systems;
  UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954;
  UST systems that are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR part 50.
What Substances Are Covered?  The notification requirements apply to USTs containing petroleum or certain hazardous substances.  Petroleum includes gasoline, used oil, diesel fuel, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).  Hazardous substances are those found in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, with the exception of those substances regulated as hazardous waste under Subtitle C of the Resource Conservation and Recovery Act.
When And Who To Notify?  Owners who bring USTs into use after May 8, 1986 must submit this notification form to the implementing agency within 30 days of bringing the UST into use.  If the implementing agency requires notification of any amendments to the facility, send information to the implementing agency immediately.
Penalties:  Any owner who knowingly fails to notify or submits false information shall be subject to a civil penalty not to exceed $16,000 for each tank for which notification is not given or for which false information is given.
                     INSTRUCTIONS AND GENERAL INFORMATION

Please type or print in ink.  Also, be sure you have signatures in ink for sections VIII and XI.  Complete a notification form for each location containing underground storage tanks.  If more than 5 tanks are owned at this location, you may photocopy pages 3 through 6 and use them for additional tanks.

The primary purpose of this notification form is to provide information about the installation, existence, changes to, and closure of underground storage tank systems (USTs) that store or have stored petroleum or hazardous substances.  The information you provide will be based on reasonably available records, or in the absence of such records, your knowledge or recollection.

Federal law requires UST owners to use this notification form for all USTs storing regulated substances that are brought into use after May 8, 1986, or USTs in the ground as of May 8, 1986 that have stored regulated substances at any time since January 1, 1974. The information requested is required by Section 9002 of the Solid Waste Disposal Act (SWDA), as amended.
Who Must Notify?  40 CFR part 280, as amended, requires owners of USTs that store regulated substances (unless exempted) to notify implementing agencies of the existence of their USTs. Owner is defined as:
   In the case of an UST in use on November 8, 1984, or brought into use after that date, any person who owns an UST used for storage, use, or dispensing of regulated substances; or
   In the case of an UST in use before November 8, 1984, but no longer in use on that date, any person who owned the UST immediately before its discontinuation.
Also, owners of previously deferred UST systems with field-constructed tanks and airport hydrant fuel distribution systems in the ground as of October 13, 2015 must submit a one-time notification of existence by October 13, 2018.  Owners of UST systems with field-constructed tanks and airport hydrant fuel distribution systems brought into use after October 13, 2015 are considered new facilities and must follow the same notification requirements as all other UST owners.

                             I. OWNERSHIP OF USTs
                             II. LOCATION OF USTs
Owner Name (Corporation, Individual, Public Agency, Or Other Entity)
If required by implementing agency, give the geographic location of USTs either in decimal degrees, or degrees, minutes, and seconds.  Example: Latitude: 36.123480 (or 36 7' 24.4"),  Longitude: -106.549876 (or -106 32' 59.6")
	Latitude ________________     Longitude ________________
Street Address

County
Facility Name Or Company Site Identifier, As Applicable

   If address is the same as in Section I, check the box and proceed to section III.
   If address is different, enter address below:
Street Address

County
City
State
Zip Code

Phone Number (Include Area Code)
City
State
Zip Code
                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460
                                                      Approval expires xx/xx/xx
                                                               OMB No.2050-0068

                  Notification For Underground Storage Tanks
                              III. TYPE OF OWNER
                              IV. INDIAN COUNTRY
	Federal
        Government
 State
        Government
 Commercial
  Tribal
        Government
  Local
        Government
 Private

USTs are located on land within an Indian reservation or on trust lands outside reservation boundaries

Federally recognized tribe where USTs are located:
V. TYPE OF FACILITY
 Auto Dealership
 Federal  -  Military
 Residential
 Commercial Airport Or Airline
 Gas Station
 Trucking Or Transport
 Contractor
 Industrial
 Utilities
 Farm
  Petroleum Distributor
 Other (Explain) ____________________
 Federal  -  Non-military
 Railroad

VI. CONTACT PERSON IN CHARGE OF TANKS
Name:
Job Title:
Address:
Phone Number (Include Area Code):
VII. FINANCIAL RESPONSIBILITY
 I have met the financial responsibility requirements (in accordance with 40 CFR part 280 Subpart H) by using the following mechanisms:
(check all that apply)
 Bond Rating Test
 Local Government Financial Test
 Surety Bond
 Commercial Insurance
 Risk Retention Group
 Trust Fund
 Guarantee
 Self-insurance (Financial Test)
 Other Method (describe here)
 Letter Of Credit
 State Fund
___________________________
 I do not have to meet financial responsibility requirements because 40 CFR part 280 Subpart H is not applicable to me (e.g., if you are a state or federal owner).
VIII. CERTIFICATION (Read and sign after completing ALL SECTIONS of this notification form)

I certify under penalty of law that I have personally examined and am familiar with the information submitted in Sections I through XI of this notification form and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.
Name and official title of owner or owner's authorized representative (Print)
                                   Signature
                                  Date Signed

Paperwork Reduction Act Notice
The public reporting and recordkeeping burden for this collection of information is estimated to average 30 minutes per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.
                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460
                                                      Approval expires xx/xx/xx
                                                               OMB No.2050-0068

                  Notification For Underground Storage Tanks
IX. DESCRIPTION OF UNDERGROUND STORAGE TANKS (Complete for all tanks and piping at this location)
Tank Identification Number
Tank No.
Tank No.
Tank No.
Tank No.
Tank No.
1. Status Of Tank (check only one)
                                                               Currently In Use
                                                             Temporarily Closed
                                                             Permanently Closed

2. Date Of Installation (month/year)

3. Estimated Total Capacity (gallons)

4. Tank Attributes
(check all that apply)

                                                   Asphalt Coated Or Bare Steel

                                                  Cathodically Protected Steel
                                                            (impressed current)

                                                  Cathodically Protected Steel
                                                           (sacrificial anodes)

                                        Coated and Cathodically Protected Steel
                                                            (impressed current)

                                        Coated and Cathodically Protected Steel
                                                           (sacrificial anodes)

                            Composite
(steel clad with noncorrodible material)

                                                                       Concrete

                                                  Fiberglass Reinforced Plastic

                                                      Noncorrodible Tank Jacket

                                                                 Lined Interior

                                                               Excavation Liner

                                                                  Double Walled

                                                                     Manifolded

                                                              Compartmentalized

                                                              Field-constructed

                                                                  Double Walled

                                                                        Unknown

                                                            Other, Specify Here
___________
                                  ___________
___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                       Check Box If Tank Has Ever Been Repaired

5. Overfill Protection Installed
(check all that apply)

                                                             Automatic Shutoff

                                                                Flow Restrictor

                                                               High-level Alarm

                                                            Other, Specify Here
___________
___________
                                  ___________
                                  ___________
                                  ___________
6. Spill Prevention Installed

                                                                  Double Walled

                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460
                                                      Approval expires xx/xx/xx
                                                               OMB No.2050-0068

                  Notification For Underground Storage Tanks
Tank Identification Number
Tank No.
Tank No.
Tank No.
Tank No.
Tank No.
7. Piping Attributes
(check all that apply)

                                                                     Bare Steel

                                                               Galvanized Steel

                                                  Fiberglass Reinforced Plastic

                                                               Flexible Plastic

                                                                         Copper

                                                        Cathodically Protected
                                                            (impressed current)

                                                        Cathodically Protected
                                                           (sacrificial anodes)

                                                                  Double Walled

                                                          Secondary Containment

                                                         Airport Hydrant Piping

                                                                        Unknown

                                                            Other, Specify Here
___________
                                  ___________
___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
8. Piping Delivery Type
(check all that apply)

                                                Safe Suction (no valve at tank)

                                                   U.S. Suction (valve at tank)

                                                                       Pressure

                                                                   Gravity Feed

9. Substance Currently Stored (or last stored in the case of closed tanks) (check all that apply)

                                          Gasoline (containing <= 10% ethanol)

                                                                         Diesel

                                                                      Biodiesel

                                                                       Kerosene

                                                                    Heating Oil

                                                                       Used Oil

                Gasoline Containing >10% Ethanol (specify amount of ethanol)
___________
___________
                                  ___________
                                  ___________
                                  ___________
                                            Diesel Containing >20% Biodiesel
                                                  (specify amount of biodiesel)
___________
___________
                                  ___________
                                  ___________
                                  ___________
                                                            Other, specify here
___________
___________
                                  ___________
                                  ___________
                                  ___________
                                                            Hazardous Substance

                                                      CERCLA Name Or CAS Number
___________
___________
                                  ___________
                                  ___________
                                  ___________
                                                          Mixture Of Substances

                                                 Please Specify Substances Here
___________
___________
                                  ___________
                                  ___________
                                  ___________
                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460
                                                      Approval expires xx/xx/xx
                                                               OMB No.2050-0068

                  Notification For Underground Storage Tanks
Tank Identification Number
Tank No.
Tank No.
Tank No.
Tank No.
Tank No.
10. Release Detection

(check all that apply)
                                     TANK
                                     PIPE
                                     TANK
                                     PIPE
                                     TANK
                                     PIPE
                                     TANK
                                     PIPE
                                     TANK
                                     PIPE
                                                            Manual Tank Gauging

                                                         Tank Tightness Testing

                                                              Inventory Control

                                                         Automatic Tank Gauging

                                                               Vapor Monitoring

                                                         Groundwater Monitoring

                        Interstitial Monitoring
(required for new or replaced
                                                               tanks or piping)

                                           Statistical Inventory Reconciliation

                                                  Automatic Line Leak Detectors

                                                         Line Tightness Testing

           No Release Detection Required
(such as some types of suction piping)

                                    Other Method Allowed By Implementing Agency

                                                            Other, Specify Here
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
X. CLOSURE OR CHANGE IN SERVICE
1. Closure Or Change In Service

Estimated Date The UST Was Last Used For Storing Regulated Substances (month/day/year)
___________
___________
                                  ___________
                                  ___________
                                  ___________
                                       Check Box If This Is A Change In Service
                         (i.e., Change of storage to a non-regulated substance)

2. Tank Closure

                                    Estimated Date Tank Closed (month/day/year)
___________
___________
                                  ___________
                                  ___________
                                  ___________
                                                   (check all that apply below)

                                                       Tank Removed From Ground

                                                          Tank Closed In Ground

                                                Tank Filled With Inert Material

                                          Describe The Inert Fill Material Here
___________
___________
                                  ___________
                                  ___________
                                  ___________
3. Site Assessment

                                 Check Box If The Site Assessment Was Completed

                                Check Box If Evidence Of A Release Was Detected

                                                            Other, Specify Here
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                  ___________
                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460
                                                      Approval expires xx/xx/xx
                                                               OMB No.2050-0068

                  Notification For Underground Storage Tanks
Tank Identification Number
Tank No.
Tank No.
Tank No.
Tank No.
Tank No.
XI. CERTIFICATION OF INSTALLATION (Complete For UST Systems Installed After December 22, 1988 And For Airport Hydrant Distribution Systems And Field-Constructed USTs Installed After [DATE OF REG])
Installer Of Tank And Piping
(check all that apply)

                           Installer Certified By Tank And Piping Manufacturers

                     Installer Certified Or Licensed By The Implementing Agency

                                Installation Inspected By A Registered Engineer

                     Installation Inspected And Approved By Implementing Agency

                   Manufacturer's Installation Checklists Have Been Completed

                                  Another Method Allowed By Implementing Agency

                                                      Specify Other Method Here
___________
___________
                                  ___________
                                  ___________
                                  ___________
Signature Of UST Installer Certifying Proper Installation Of UST System

                          ___________________________
                                     Name

                          ___________________________
                                   Signature

                               _________________
                                     Date

                          ___________________________
                                   Position

                          ___________________________
                                    Company


[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41381-41382]
[FR Doc No: 2022-14774]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

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

ACTION: List of applications for special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before August 11, 2022.

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

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC.

    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on July 6, 2022.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                Applicant           Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                              SPECIAL PERMITS DATA
----------------------------------------------------------------------------------------------------------------
21382-N.....................  CU Aerospace LLC.........  173.232(g)(3)...........  To authorize the
                                                                                transportation in commerce
                                                                                of compressed gases in a non-
                                                                                DOT specification package.
                                                                                (modes 1, 4).
21383-N.....................  Emergency Environmental    173.185(f)..............  To authorize the
                               Services, LLC.                                       transportation in commerce
                                                                                of damaged lithium batteries
                                                                                in non-spec packaging. (mode
                                                                                1).
21385-N.....................  Williams Advanced          173.185(a)(1),            To authorize the
                               Engineering Limited.       173.185(b)(6).            transportation in commerce
                                                                                of prototype and low
                                                                                production lithium ion
                                                                                batteries exceeding 35 kg
                                                                                net weight aboard cargo-only
                                                                                aircraft. (mode 4)
21387-N.....................  Cobham Mission Systems     173.302a................  To authorize the manufacture,
                               Orchard Park Inc.                                    mark, sale, and use of full
                                                                                wrapped fiber reinforced
                                                                                aluminum 6061-T6 lined
                                                                                cylinder meeting the ISO
                                                                                Standard 11119-2 except as
                                                                                specified herein. (modes 1,
                                                                                2, 3, 4, 5).
21390-N.....................  Bollore Logistics Germany  173.220(d),               To authorize the
                               Gmbh.                      173.185(a)(1),            transportation in commerce
                                                          173.185(e)(7).            of lithium ion batteries and
                                                                                cells in non-specification
                                                                                packaging (spacecraft).
                                                                                (mode 4)
21393-N.....................  Bollore Logistics Germany  173.185(a)(1)...........  To authorize the
                               Gmbh.                                                transportation in commerce
                                                                                of prototype lithium
                                                                                batteries contained in
                                                                                equipment via cargo-only
                                                                                aircraft. (mode 4)
21394-N.....................  Alucan Entec SA..........  173.306(a)(3)(ii),        To authorize the manufacture,
                                                          173.306(a)(3)(ii).        mark, sale and use of a
                                                                                certain non-DOT
                                                                                specification inside metal
                                                                                containers conforming to all
                                                                                regulations applicable to a
                                                                                DOT Specification 2Q inner
                                                                                non-refillable metal
                                                                                receptacle, except as
                                                                                specified herein. (mode 3)
21396-N.....................  Porsche Cars North         173.185(f)(3)...........  To authorize the
                               America, Inc.                                        transportation in commerce
                                                                                of damaged, defective, and
                                                                                recalled lithium batteries
                                                                                with more than one lithium
                                                                                battery per outer packaging.
                                                                                (modes 1, 2, 3)
21397-N.....................  Strategic Edge Imports,    172.204(a)(1),            To authorize the
                               LLC.                       172.301(a)(1),            transportation in commerce
                                                          172.301(c), 172.404(a),   of certain DOT 3AL, TC/3ALM
                                                          172.404(b),               and UN ISO 7866 cylinders
                                                          172.704(a)(1),            that contain carbon dioxide,
                                                          172.704(a)(3),            with alternative hazard
                                                          172.704(a)(3)(i),         communication. (modes 1, 2,
                                                          172.704(a)(3)(ii),        3)
                                                          172.704(a)(3)(iii),
                                                          172.704(a)(4).
21402-N.....................  Daniels Sharpsmart, Inc..  173.196(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of infectious substances
                                                                                affecting humans in
                                                                                alternative packaging. (mode
                                                                                1)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-14774 Filed 7-11-22; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33972-33975]
[FR Doc No: 2013-13422]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0358]
RIN 1625-AA00

Safety Zone; RXR Sea Faire Celebration Fireworks, Glen Cove, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Long Island

Sound in the vicinity of Glen Cove, NY for a fireworks display. This
temporary safety zone is necessary to protect spectators and vessels
from the hazards associated with fireworks displays. This rule is
intended to restrict all vessels from a portion of Long Island Sound
before, during, and immediately after the fireworks event.

DATES: This rule is effective on July 6, 2013, from 8 p.m. until 11
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0358]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Kristopher Kesting, Sector New
York, Waterways Management, U.S. Coast Guard; Telephone<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the necessary information from the event
sponsor in time to issue a notice of proposed rulemaking. The event
sponsor advised that the event is in correlation with a local Sea faire
festival, therefore the sponsor is unable and unwilling to cancel or
delay the event date.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. The rule
must become effective on the date specified in order to provide for the
safety of spectators and vessels operating in the area near this event.
Delaying the effective date of this rule would be impracticable and
contrary to the public interest and would expose spectators and vessels
to the hazards associated with the fireworks event.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C 1231; 46 U.S.C Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
    This temporary safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display. The fireworks are taking place as part of the RXR Sea Faire
Celebration Fireworks in Glen Cove, NY. Based on the inherent hazards
associated with fireworks, the COTP New York has determined that
fireworks launches in close proximity to water crafts pose a
significant risk to public safety and property. The combination of an
increased number of recreational vessels, congested waterways, darkness
punctuated by bright flashes of light, and debris especially burning
debris falling on passing or spectator vessels has the potential to
result in serious injuries or fatalities.

C. Discussion of the Final Rule

    This rule establishes a temporary safety zone on the navigable
waters of Long Island Sound, in the vicinity of Glen Cove, NY. All
persons and vessels shall comply with the instructions of the Captain
of the Port (COTP) New York or the designated representative during the
enforcement of the temporary safety zone. Entering into, transiting
through, or anchoring within the temporary safety zone is prohibited
unless authorized by the COTP, or the designated representative.
    This temporary safety zone will restrict vessels from a portion of
Long Island Sound around the location of the fireworks launch platform
before, during, and immediately after the fireworks display.
    The Coast Guard has determined that this regulated area will not
have a significant impact on vessel traffic due to its temporary nature
and limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated area.
    Advanced public notifications may also be made to the local
mariners through appropriate means, which may include, but are not
limited to, the Local Notice to Mariners as well as Broadcast Notice to
Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard's implementation of this temporary safety zone will
be of short duration and is designed to minimize the impact to vessel
traffic on the navigable waters. This temporary safety zone will only
be enforced for a short period, in the late evening. Vessels will be
able to transit around the zone in a safe manner.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    (1) This rule will affect the following entities, some of which may
be small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the navigable waters in the vicinity
of the marine event during the effective period.
    (2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons:
This rule will be

in effect a short period; late at night when vessel traffic is low,
vessel traffic could pass safely around the safety zone, and the Coast
Guard will notify mariners before activating the zone by appropriate
means which may include but are not limited to Local Notice to Mariners
and Broadcast Notice to Mariners.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

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

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

0
2. Add Sec.  165.T01-0358 to read as follows:

Sec.  165.T01-0358  Safety Zone; RXR Sea Faire Celebration Fireworks,
Glen Cove

    (a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of Long Island Sound within a 200-yard radius of
the fireworks barge located in approximate position 40[deg]51'10'' N,
073[deg]39'15'' W, in the vicinity of Glen Cove, NY.
    (b) Effective Dates and Enforcement Periods. This rule is effective
and will be enforced on July 6, 2013, from 8 p.m. until 11 p.m.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official

patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
    (2) No spectators will be allowed to enter into, transit through,
or anchor in the safety zone without the permission of the COTP or the
designated representative.
    (3) All spectators given permission to enter or operate in the
regulated area shall comply with the instructions of the COTP or the
designated representative. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, vessel
spectator shall proceed as directed.
    (4) Spectators desiring to enter or operate within the regulated
area shall contact the COTP or the designated representative via VHF
channel 16 or<PHONE_NUMBER> (Sector New York command center) to obtain
permission to do so.

    Dated: May 17, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2013-13422 Filed 6-5-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 8, 2007 (Volume 72, Number 4)]
[Notices]
[Page 770-771]
[DOCID:fr08ja07-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL05-49-002]

PPL Electric Corporation; Exelon Corporation; Notice of Filing

December 28, 2006.
    Take notice that on December 11, 2006, PPL Electric Utilities
Corporation and Exelon Corporation filed a Modified Offer of Settlement
and Settlement Agreement in compliance to Paragraph B of the
Commission's November 9, 2006 Order and on December 12, 2006, PPL
Electric Utilities Corporation filed original signatures of Jesse
Dillon and Joseph Dominquez to supplement the December 11, 2006 filing.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time on January 11, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-22675 Filed 1-5-07; 8:45 am]

BILLING CODE 6717-01-P