[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36981-36984]
[FR Doc No: 2016-13472]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77974; File No. SR-NYSEArca-2016-77]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Options Fee Schedule and the NYSE Arca Equities Schedule of Fees
and Charges for Exchange Services To Eliminate Certain Services That
Are No Longer Utilized by Users and To Remove Obsolete Text

June 2, 2016.
    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 May 23, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes amend the NYSE Arca Options Fee Schedule (the
``Options Fee Schedule'') and, through its wholly owned subsidiary NYSE
Arca Equities, Inc. (``NYSE Arca Equities''), the NYSE Arca Equities
Schedule of

Fees and Charges for Exchange Services (the ``Equities Fee Schedule''
and, together with the Options Fee Schedule, the ``Fee Schedules'') to
eliminate certain services that are no longer utilized by Users and to
remove obsolete text. The proposed rule change is available on the
Exchange's Web site 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to change the Fee Schedules for the co-
location \4\ services offered by the Exchange to eliminate certain
services that are no longer utilized by Users \5\ and to remove
obsolete text.
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    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in 2010. See Securities Exchange Act Release No.
63275 (November 8, 2010), 75 FR 70048 (November 16, 2010) (SR-
NYSEArca-2010-100). The Exchange operates a data center in Mahwah,
New Jersey (the ``data center'') from which it provides co-location
services to Users.
    \5\ 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 Securities
Exchange Act Release No. 76010 (September 29, 2015), 80 FR 60197
(October 5, 2015) (SR-NYSEArca-2015-82). As specified in the Fee
Schedules, 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 New York Stock Exchange LLC and NYSE MKT LLC.
See Securities Exchange Act Release No. 70173 (August 13, 2013), 78
FR 50459 (August 19, 2013) (SR-NYSEArca-2013-80).
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LCN CSP Access
    The ``Liquidity Center Network'' (``LCN'') is a local area network
available in the data center. A User is currently able to act as a
content service provider (a ``CSP'' User) and deliver services to
another User in the data center (a ``Subscribing'' User).\6\ These
services could include, for example, order routing/brokerage services
and/or data delivery services.
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    \6\ See Securities Exchange Act Release No. 67667 (August 15,
2012), 77 FR 50743 (August 22, 2012) (SR-NYSEArca-2012-63).
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    Currently, the Exchange offers CSP Users specific, dedicated 10
gigabyte (``Gb'') LCN connections (``LCN CSP'') that would allow CSP
Users to send data to, and communicate with, all their properly
authorized Subscribing Users at once. In such a case, a Subscribing
User would receive the services via its standard LCN connection and
would be charged an initial and monthly fee (``CSP Subscriber fee'')
reflecting the benefit of receiving services from the CSP User in this
manner.\7\
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    \7\ Id. Previously, the Exchange also offered a one Gb LCN CSP
connection, but it was discontinued as it was no longer utilized by
Users. See Securities Exchange Act Release No. 72720 (July 30,
2014), 79 FR 45577 (August 5, 2014) (SR-NYSEArca-2014-81).
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    However, Users no longer utilize the LCN CSP connection offering.
Accordingly, the Exchange proposes to discontinue LCN CSP connections,
and to remove references to LCN CSP access and CSP Subscriber fees from
the Fee Schedules. A CSP User would remain able to deliver services to
a Subscribing User via direct cross connect, as is currently the case
and as was the case prior to the introduction of the LCN CSP connection
offering.
Bundled Network Access
    A User is currently able to select from two ``bundled''
connectivity options when connecting to the data center: ``Bundled
Network Access Option 1'' and ``Bundled Network Access Option 2''.\8\
The Exchange proposes to discontinue Bundled Network Access Option 2,
as Users no longer utilize it, and to remove references to related
pricing from the Fee Schedules. In addition, the Exchange proposes to
rename ``Bundled Network Access Option 1'' as ``Bundled Network
Access,'' as it would be the sole remaining option.
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    \8\ Previously, the Exchange offered other ``bundled''
connectivity options, but they were discontinued as they were no
longer utilized by Users. See id., at 45578.
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IP Network Access
    The internet protocol (``IP'') network is a local area network
available in the data center.\9\ IP network access is offered in 1, 10
and 40 Gb capacities. The Exchange proposes to delete statements in the
Fee Schedules that the 40 Gb circuit of the IP network is expected to
be available no later than April 15, 2016,\10\ as such statements are
obsolete. This proposed change would have no impact on pricing.
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    \9\ See Securities Exchange Act Release No. 74219 (February 6,
2015), 80 FR 7899 (February 12, 2015) (SR-NYSEArca-2015-03) (notice
of filing and immediate effectiveness of proposed rule change to
include IP network connections and fiber cross connects between a
User's cabinet and a non-User's equipment).
    \10\ See Securities Exchange Act Release No. 76372 (November 5,
2015), 80 FR 70039 (November 12, 2015) (SR-NYSEArca-2015-105)
(notice of filing and immediate effectiveness of proposed rule
change to include IP 40 Gb network connections).
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General
    As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \11\ and
(iii) a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or both of its
affiliates.\12\
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    \11\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies in sending orders
to, and receiving market data from, the Exchange.
    \12\ See SR-NYSEArca-2013-80, supra note 5, at 50459. The
Exchange's affiliates have also submitted substantially the same
proposed rule change to propose the changes described herein. See
SR-NYSE-2016-39 and SR-NYSEMKT-2016-57.
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    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,\13\ in general, and section 6(b)(4) of
the Act,\14\ 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. The Exchange also believes that the
proposed rule change furthers the objectives of section 6(b)(5) of the
Act,\15\ in particular, because it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the 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.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
    \15\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change is reasonable,
equitable and not unfairly discriminatory because discontinuing the LCN
CSP and Bundled Network Access Option 2 in the data center would permit
the Exchange to streamline the offerings available to Users in the data
center by eliminating services that Users no longer utilize and, by
removing references to related pricing from the Fee Schedules, make the
Fee Schedules easier to read, understand and administer. The Exchange
believes that, because no Users utilize such services, it would be
equitable and not unfairly discriminatory to discontinue the services.
    The Exchange believes that it is reasonable to discontinue the
services in the data center that are no longer utilized by Users and to
remove references to related pricing from the Fee Schedules because the
Exchange offers the services described herein as a convenience to
Users, but in doing so incurs certain costs, including costs related to
the data center facility, hardware and equipment and costs related to
personnel required for initial installation and ongoing monitoring,
support and maintenance of such services. Removing services that Users
do not utilize from the co-location offerings would contribute to a
more efficient process for managing the various services offered to
Users, which would improve the utilization of the data center
resources, both with respect to personnel and infrastructure, including
hardware and software.
    The Exchange believes that eliminating references in the Fee
Schedules that state that the 40 Gb circuit of the IP network is
expected to be available no later than April 15, 2016, is reasonable,
equitable and not unfairly discriminatory because these references are
obsolete and no longer have an impact on pricing. The proposed change
would result in the removal of obsolete text from the Fee Schedules and
therefore add greater clarity to the Fee Schedules regarding the
services offered and the applicable fees.
    For the reasons above, the proposed changes do not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For these 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,\16\ 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 because, in addition to the proposed services being
completely voluntary, they are available to all Users on an equal basis
(i.e., the same products and services are available to all Users).
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    \16\ 15 U.S.C. 78f(b)(8).
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    The Exchange believes that discontinuing the LCN CSP and Bundled
Network Access Option 2 in the data center and removing references to
related pricing and obsolete text from the Fee Schedules would not
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act because no Users utilize the
services proposed to be discontinued. A CSP User would remain able to
deliver services to a Subscribing User via direct cross connect, as is
currently the case and as was the case prior to the introduction of the
LCN CSP connection offering. The proposed rule change is not intended
to address competitive issues.
    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive. In such an environment, the Exchange must continually
review, and consider adjusting, its services and related fees and
credits to remain competitive with other exchanges. 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) \17\ of the Act and subparagraph (f)(2) of Rule
19b-4 \18\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(2).
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    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) \19\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \19\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NYSEArca-2016-77 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 No. SR-NYSEArca-2016-77. This file
number should be included on the

subject line if email is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's Internet Web site
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all
subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-NYSEArca-2016-77, and should be submitted on or before June
29, 2016.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Brent J. Fields,
Secretary.
[FR Doc. 2016-13472 Filed 6-7-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Page 46791]
[FR Doc No: 2023-15427]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-9202-002]

Rupert, David E.; Notice of Filing

    Take notice that on July 13, 2023, David E. Rupert submitted for
filing, application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b)
and part 45.8 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR part 45.8.
    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. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    Comment Date: 5:00 p.m. Eastern Time on August 3, 2023.

    Dated: July 14, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15427 Filed 7-19-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Notices]
[Pages 75681-75683]
[FR Doc No: 2015-30589]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-2175]

Recommendations for Assessment of Blood Donor Suitability, Donor
Deferral and Blood Product Management in Response to Ebola Virus; Draft
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft document entitled ``Recommendations for
Assessment of Blood Donor Suitability, Donor Deferral and Blood Product
Management in Response to Ebola Virus; Draft Guidance for Industry.''
The draft guidance document provides blood establishments that collect
blood and blood components for transfusion or further manufacture,
including Source Plasma, with FDA recommendations for assessing blood
donor suitability, donor deferral, and blood product management in the
event that an outbreak of Ebola virus disease (EVD) with widespread
transmission is declared in at least one country. The draft guidance
document applies primarily to Ebola virus (species Zaire ebolavirus),
but recommendations are expected to apply to other viruses of the
Ebolavirus genus such as Sudan virus, Bundibugyo virus, and Ta[iuml]
Forest virus. The recommendations would apply to routine collection of
blood and blood components for transfusion or further manufacture,
including Source Plasma.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by March 2, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA 2014-D-2175 for ``Recommendations for Assessment of Blood Donor
Suitability, Donor Deferral and Blood Product Management in Response to
Ebola Virus; Draft Guidance for Industry.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Paul E. Levine, Jr., Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft document entitled
``Recommendations for Assessment of Blood Donor Suitability, Donor
Deferral and Blood Product Management in Response to Ebola Virus; Draft
Guidance for Industry.'' The draft guidance document provides blood
establishments that collect blood and blood components for transfusion
or further manufacture, including Source Plasma, with FDA
recommendations for assessing blood donor suitability, donor deferral,
and blood product management in the event that an outbreak of EVD with
widespread transmission is declared in at least one country.
    Ebola virus is a member of the family Filoviridae that can cause
severe hemorrhagic fever in humans and non-human primates with
historically high morbidity and mortality rates of up to 90 percent.
However, in the 2014 outbreak in West Africa, the mortality rate has
been markedly lower. In humans, EVD is typically characterized at onset
by fever, severe headache, muscle pain and weakness, followed by
diarrhea, vomiting, abdominal pain, and sometimes diffuse hemorrhage
(bleeding or bruising). In previous outbreaks of EVD, symptoms
generally appeared within 21 days and most often within 4-10 days
following infection; however, based on mathematical models, symptom
onset later than 21 days is estimated as possible in 0.1 to 12 percent
of cases. In addition, there have been isolated reports of apparently
asymptomatic Ebola virus infection in

individuals who had contact with Ebola patients.
    Transmission of Ebola virus from human to human occurs by direct
contact with body fluids (such as blood, urine, stool, saliva, semen,
vaginal fluids, or vomit) of symptomatic infected individuals.
Therefore, blood and blood products from symptomatic individuals, if
they were to donate, would have the potential of transmitting Ebola
virus to recipients.
    Current regulations 21 CFR 640.3(b) and 21 CFR 640.63(b)(3) require
that a donor be in good health with a normal temperature at the time of
donation. Standard procedures that are in place to assure that the
donor feels healthy at the time of donation serve as an effective
safeguard against collecting blood or blood components from a donor who
seeks to donate after the onset of clinical symptoms. FDA is providing
guidance to reduce the risks of collecting blood and blood components
from potentially Ebola virus-infected persons during the asymptomatic
incubation period before the onset of clinical symptoms, as well as
from individuals with a history of Ebola virus infection or disease.
    The draft guidance permits blood establishments to update their
donor educational materials to instruct donors with a history of Ebola
virus infection or disease to not donate blood or blood components. In
the event that one or more countries is designated as having widespread
transmission of Ebola virus, the draft guidance includes
recommendations to blood establishments to update their donor history
questionnaire (DHQ), including the full-length and abbreviated DHQ and
accompanying materials, to assess prospective donors for risk of Ebola
virus infection or disease. The draft guidance also includes
recommendations to blood establishments to defer indefinitely a blood
donor with a history of Ebola virus infection or disease, until more
data regarding the persistence of Ebola virus in survivors becomes
available. For a donor who in the past 8 weeks has been a resident of
or has travelled to a country with widespread transmission of Ebola
virus disease, FDA recommends that establishments defer the donor for 8
weeks from the time of the donor's departure from that country. For a
donor who has had close contact with a person confirmed or under
investigation for Ebola virus infection or disease in whom diagnosis is
pending, FDA recommends that establishments defer a donor for 8 weeks
after the last close contact that could have resulted in direct contact
with body fluids, or 8 weeks after the last sexual contact with a
person known to have recovered from Ebola virus disease. In addition,
FDA recommends that establishments defer for a period of 8 weeks after
exposure a donor who has been notified by a Federal, State, or local
public health authority that he or she may have been exposed to a
person with Ebola virus disease.
    The draft guidance includes FDA recommendations on retrieval and
quarantine of blood and blood components from a donor later determined
to have Ebola virus infection or disease or risk factors for Ebola
virus infection or disease, for notification of consignees, and for
reporting a biological product deviation to FDA. The draft guidance
also addresses convalescent plasma intended for transfusion.
    The draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on
``Recommendations for Assessment of Blood Donor Suitability, Donor
Deferral and Blood Product Management in Response to Ebola Virus; Draft
Guidance for Industry.'' It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

II. Paperwork Reduction Act of 1995

    The draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR 601.12 have been approved under
OMB control number 0910-0338; the collections of information in 21 CFR
606.160(b)(1)(i), 640.3(a) and 640.63(b)(3) have been approved under
OMB control number 0910-0116; the collection of information in 21 CFR
606.171 has been approved under OMB control number 0910-0458.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: November 27, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-30589 Filed 12-2-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Page 15689]
[FR Doc No: 2014-06265]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0124]

Drawbridge Operation Regulation; Inner Harbor Navigation Canal,
New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
regulation governing the operation of the Senator Ted Hickey (Leon C.
Simon Blvd./Seabrook) bascule bridge across the Inner Harbor Navigation
Canal, mile 4.6, at New Orleans, Louisiana. The deviation is necessary
to ensure the safety of participants in the Ochsner Ironman 70.3 New
Orleans event as they run across the bridge. This deviation allows the
bridge to remain in the closed-to-navigation position continuously
during the event.

DATES: This deviation is effective from 7 a.m. through 2 p.m. on
Sunday, April 13, 2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0124] is available
at 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
temporary deviation, call or email Jim Wetherington, Bridge
Administration Branch, Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl F. Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Coast Guard received a request for a
temporary deviation for the Senator Ted Hickey (Leon C. Simon Blvd./
Seabrook) crossing the Inner Harbor Navigation Canal, mile 4.6, in New
Orleans, Louisiana to remain in the closed-to-navigation position for a
seven-hour period during the Ochsner Ironman 70.3, on April 13, 2014.
The bridge owner also received a request to close the bridge to all
traffic during the Ironman event, which was approved. The bridge
provides 45 feet in the closed-to-navigation position above mean sea
level. Currently, according to 33 CFR 117.458(c), the draw of the
Senator Ted Hickey (Leon C. Simon Blvd./Seabrook), mile 4.6, shall open
on signal from 7 a.m. to 8 p.m.; except the bridge need not open from 7
a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. From 8
p.m. to 7 a.m., the draw shall open on signal if at least two hours
notice is given. This deviation allows the draw span of the bridge to
remain closed to navigation between 7 a.m. and 2 p.m. on Sunday, April
13, 2014 while the Ironman participants travel across the bridge as
part of the race course. Navigation on the waterway consists mainly of
tugs with tows. As a result of coordination between the Coast Guard and
the waterway users, it has been determined that this closure will not
have a significant effect on these vessels. The Coast Guard will inform
users through the Local and Broadcast Notice to Mariners of the closure
period. There is an alternate route available via the Rigolets Pass to
vessel traffic. Vessels that can pass under the bridge in the closed-
to-navigation position can do so at any time. The bridge will not be
able to open for emergencies.
    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 regulations is
authorized under 33 CFR 117.35.

    Dated: March 7, 2014.
David M. Frank,
Bridge Administrator.
[FR Doc. 2014-06265 Filed 3-20-14; 8:45 am]
BILLING CODE 9110-04-P


1 Date: May 23, 2003 Subject: Telephone Conference Summary  EPA and representatives from Cleveland Cliffs From: Conrad Chin, EPA Chris Sarsony, Alpha Gamma To: Docket OAR 2002 0039 I. Purpose This conference call was requested by Mr. David Crouch of Cleveland Cliffs. The primary purpose of the meeting was to clarify some of the technical discussions from previous conference calls between EPA and the taconite industry.

II. Date May 23, 2003 III. Attendees U. S. Environmental Protection Agency Conrad Chin, OAQPS/ ESD/ MG Taconite industry representatives Leonard Parker, Tilden Mining Dave Skolasinski, Northshore Mining John Meier, Cleveland Cliffs David Crouch, Cleveland Cliffs Dennis Wagner, Northshore Mining Rhonda Ross, Warner, Norcross & Judd Alpha Gamma Technology, Inc.

Chris Sarsony IV. Discussion Parametric Monitoring A. Wet ESP ° Cleveland Cliffs inquired if EPA can issue a " generic" type of parametric monitoring requirement for the states to approve. Cleveland Cliffs will provide an example of the concept for EPA to review. EPA will review the concept prepared by Cleveland Cliffs. OAR 2002 0039 IV E 7 2 ° For wet ESPs, the Agency is considering the following monitoring parameters: outlet gas temperature, water flow rate, secondary current and voltage etc.

B. Dry ESP ° Tilden indicated that they would like to have the option of using COMS as parametric monitoring.

Grouping of Similar Units ° Cleveland Cliffs seemed to be confused regarding EPA's request for them to group their emission units. The EPA explained that the purpose of the exercise was to estimate how many initial performance tests each of the plants will have to conduct.

Rounding ° The EPA explained to Cleveland Cliffs that rounding to two decimal places would apply to existing furnace sources only.

Baseline emissions based on Table 4 of MPCA's document ( Taconite Iron Ore Industry in the United States  A Background Information Report for MACT Determination, December 30, 1999) ° Cleveland Cliffs stated that the MPCA had overestimated the baseline emissions of acid gases and formaldehyde, as documented in an email by MPCA regarding a recent test at Minntac. This will alter the EPA's emissions reduction estimates ( and thus the cost effectiveness). The EPA will review the new emissions data and revise the baseline emissions and emission reduction estimates as appropriate. ° An industry representative indicated that there was also another recent test at Minntac on its marble bed scrubber. The results of that test showed very low PM emissions, leading him to believe that the metallic HAP emissions at Minntac were overestimated for the nonfurnace sources. This representative however could not provide additional information on when this test was performed. The EPA contacted Minntac for this recent test data. According to Minntac, the purpose of the February 2002 tests on the five marble bed scrubbers was to evaluate the performance of the marble bed scrubbers under optimum operating conditions. Hence, these tests should add to and not replace the existing test database for the marble bed scrubbers. In addition, Minntac does not believe the new emission rates will significantly affect the average of the entire baseline emissions for the non furnace sources. ° Northshore indicated that it had also recently tested for formaldehyde and will provide EPA with the data. ° Tilden indicated that it had tested for acid gases, formaldehyde and PM in May of 1999, and PM in May 2002, and will provide EPA with the data.


[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Proposed Rules]
[Pages 42069-42072]
[FR Doc No: 2015-17456]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0400]
RIN 1625-AA08

Special Local Regulations; Temporary Change for Recurring Marine
Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to temporarily change the enforcement
periods of special local regulations for a recurring marine event in
the Fifth Coast Guard District. This regulation applies to the ``Ocean
City Maryland Offshore Grand Prix'' power boat race, a recurring marine
event held on the North Atlantic Ocean near Ocean City, MD, and would
be effective from October 3, 2015, to October 4, 2015. Special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic in a portion of the North Atlantic Ocean near Ocean
City, MD during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before August 17, 2015.

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2015-0400] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2015-0400) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

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

B. Regulatory History and Information

    The regulation listing annual marine events within the Fifth Coast
Guard District and their regulated dates is 33 CFR 100.501. The Table
to Sec.  100.501 identifies marine events by Captain of the Port zone,
with the COTP Baltimore zone listed in section ``(b)'' of the Table.
For a description of the geographical area of each Coast Guard Sector--
Captain of the Port Zone, please see 33 CFR 3.25. The Table to Sec.
100.501, at section (b) event Number ``21'' describes the enforcement
dates and regulated location for this marine event. The dates of the
event as published are May 2nd and 3rd (Saturday and Sunday) or May 9th
and 10th (Saturday and Sunday).

C. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a
special local regulation are found in 33 U.S.C. 1233, which authorize
the Coast Guard to establish and define special local regulations. The
Captain of the Port Baltimore is promulgating this regulation for the
waters of the North Atlantic Ocean, near Ocean City, MD to protect
event participants, spectators and transiting vessels.

D. Discussion of Proposed Rule

    Event planners notified the Coast Guard of date changes during 2015
for the ``Ocean City Maryland Offshore Grand Prix'' marine event that
is listed at 33 CFR 100.501, Table to Sec.  100.501. The event consists
of approximately 40 participating offshore race boats, 22 to 50 feet in
length, operating in various classes on a marked course on the waters
of the North Atlantic Ocean at Ocean City, MD. This regulation will
temporarily change the enforcement

periods for this marine event for 2015 only. The dates for 2015 are
October 3, 2015, and October 4, 2015.
    The Coast Guard proposes to temporarily suspend the regulation
listed at section (b.) line No. 21 in the Table to Sec.  100.501 and
insert this temporary regulation at the Table to Sec.  100.501 at
section (b.) line No. 24 in order to reflect the correct dates for this
year's event. This change is needed to accommodate the change in dates
of the Ocean City Maryland Offshore Grand Prix. No other portion of the
Table to Sec.  100.501 or other provisions in Sec.  100.501 shall be
affected by this regulation. The regulation will be enforced from 10:30
a.m. to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30 p.m.
on October 4, 2015. In addition to notice in the Federal Register, the
maritime community will be provided extensive advance notification via
the Local Notice to Mariners and marine information broadcasts.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (i) The regulated area will only be in effect from
10:30 a.m. to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30
p.m. on October 4, 2015; (ii) the regulated area has been narrowly
tailored to impose the least impact on general navigation, yet provide
the level of safety deemed necessary; and (iii) advance notifications
will be made to the maritime community via marine information
broadcasts and local notices to mariners, so mariners can adjust their
plans accordingly. Additionally, this rulemaking does not change the
permanent regulated areas that have been published in 33 CFR 100.501,
Table to Sec.  100.501. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.

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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to operate or transit through or within, or anchor in, the
area where the marine event is being held. This regulation will not
have a significant impact on a substantial number of small entities
because it will be enforced only during a marine event that has been
permitted by the Coast Guard Captain of the Port. This proposed rule
will not have a significant economic impact on a substantial number of
small entities for the reasons provided under Regulatory Planning and
Review.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves implementation of regulations within 33 CFR part 100
applicable to organized marine events on the navigable waters of the
United States that could negatively impact the safety of waterway users
and shore side activities in the event area. The category of water
activities includes but is not limited to sail boat regattas, boat
parades, power boat racing, swimming events, crew racing, canoe and
sail board racing. This rule is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. In the Table to Sec.  100.501:
0
a. Suspend line No. (b.)21; and
0
b. Add line No. (b.)24.
    The addition reads as follows:

Sec.  100.501  Special Local Regulations; Recurring Marine Event in the
Fifth Coast Guard District.

* * * * *

                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
       No.                Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  (b.) Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
24..............  October 3 and 4,     Ocean City          Offshore            The waters of the North Atlantic
                   2015.                Maryland Offshore   Performance Assn.   Ocean commencing at a point on
                                        Grand Prix.         Racing, LLC.        the shoreline at latitude
                                                                                38[deg]25'42'' N., longitude
                                                                                075[deg]03'06'' W.; thence east
                                                                                southeast to latitude
                                                                                38[deg]25'30'' N., longitude
                                                                                075[deg]02'12'' W., thence south
                                                                                southwest parallel to the Ocean
                                                                                City shoreline to latitude
                                                                                38[deg]19'12'' N., longitude
                                                                                075[deg]03'48'' W.; thence west
                                                                                northwest to the shoreline at
                                                                                latitude 38[deg]19'30'' N.,
                                                                                longitude 075[deg]05'00'' W.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: June 23, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-17456 Filed 7-15-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19348-19350]
[FR Doc No: 2013-07299]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69227; File No. SR-CBOE-2013-035]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change Relating to
Exchange Trading Days and Hours of Business and Trading Halts

March 25, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 11, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') 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
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Exchange rules to clarify Rules 6.1,
``Days and Hours of Business,'' and 6.3, ``Trading Halts.'' The text of
the proposed rule change is available on the Exchange's Web site
(http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the
Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to change its rules to clarify when it
will be open for trading along with when trading halts on underlying
securities will inhibit trading on the Exchange. The Exchange is
proposing to amend its rules to clarify that it will not be solely
dependent upon the ``primary market'' when determining when to open
and/or halt securities. Instead, the Exchange is proposing to clarify
in its rules that it will be open if there is ample liquidity in the
underlying market for the security. Generally, the national equity
exchanges have the same core business hours.\3\ With this proposal, the
Exchange is attempting to clarify in its rules that it can remain open
to trade options during such business hours even if the ``primary
market'' of the underlying securities is not open for business. The
Exchange believes that the proposed changes will allow the markets to
continue to function in an instance where all exchanges may not be
open. In addition, the Exchange believes the proposed changes will
bring greater clarity to its Trading Permit Holders (``TPHs'')
regarding when the Exchange will be open for trading.
---------------------------------------------------------------------------

    \3\ See, e.g., New York Stock Exchange Rule 51(a) and Bats
Exchange Rule 1.5(w) which describes regular trading hours as 9:30
a.m. through 4:00 p.m. Eastern.
---------------------------------------------------------------------------

    Currently, Exchange Rule 6.1 provides that no TPH ``shall make any
bid, offer, or transaction on the Exchange before or after'' business
hours.\4\ As an administrative clean-up change, the Exchange is
proposing to eliminate this language as it is no longer relevant.
Executions may only happen during business hours, however, TPHs now
have the ability to submit information in the electronic system outside
of business hours. The Exchange believes deleting this language would
bring greater clarity to Exchange rules while updating the rule text to
the current trading environment.
---------------------------------------------------------------------------

    \4\ See Exchange Rule 6.1.
---------------------------------------------------------------------------

    Next, the Exchange is proposing to add language to Rule 6.1.01 to
specify that the Exchange will not solely rely on the ``primary
market'' of an underlying security to determine whether the Exchange
may trade the option for such security. The Exchange believes that the
proposed rule change will specify that if there is an ample market in
the underlying security, the Exchange has the authority to trade the
option even if

the primary market is not open. The Exchange believes that allowing
such discretion will create a lesser market disruption if the primary
exchange is unable to open for trading.
    Exchange Rule 6.3 specifies when the Exchange will halt trading.\5\
Specifically, Rule 6.3(a) lists factors that may be considered in
making that determination. Currently, Rule 6.3(a)(i) lists, as a factor
in the decision with respect to options, ``trading in the underlying
security has been halted or suspended in the primary market.'' The
Exchange is proposing to add language to state, instead of the
``primary market,'' that the Exchange may factor in if ``trading in the
underlying security has been halted or suspended in one or more of the
markets trading the underlying security.'' The Exchange is proposing to
make similar changes in 6.3(a)(iii) which lists factors in making the
determination in securities other than options. The Exchange believes
the proposed changes will grant discretion for the Exchange to be open
for trading when there is a robust market in the underlying security
rather than limit it to only when the ``primary'' exchange is open.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 6.3.
---------------------------------------------------------------------------

    Next, the Exchange is proposing to add language to Rule 6.3.01 to
expand the authority of a Post Director or Order Book Official to
suspend trading in an option not only if the ``primary market'' of the
security has halted or suspended trading but if the security has been
halted in ``one or more of the markets trading the underlying
security.'' The Exchange believes this change will give the authority
to a Post Director or Order Book Official to halt trading in an option
if the primary market for an underlying security is not open for
business however that security is being traded elsewhere. For example,
if the primary market is unable to open due to a natural disaster, or
other circumstance, but other stock exchanges are trading the
underlying security, the proposed change will allow the Exchange to
continue trading the overlaying options.
    Finally, the Exchange is proposing to amend language in Rule
6.3.05. Rule 6.3.05 currently allows the Exchange to turn off the
Retail Automation Execution System (``RAES'') with respect to a stock-
option order if credible information has been communicated that trading
in the underlying stock has been halted for that stock-option order.\6\
The Exchange is proposing to add language to specifically state that
the information communicated may be that ``one or more of the markets
trading the underlying security'' have suspended trading in the
underlying security. Again, the Exchange believes this language would
allow the Exchange to continue trading stock-option orders even if the
primary market has not opened for business.
---------------------------------------------------------------------------

    \6\ See Exchange Rule 6.3.05.
---------------------------------------------------------------------------

    The Exchange believes the proposed changes will allow the Exchange
to trade options for underlying stocks even if that underlying listing
market shall be unable to trade due to an emergency or other
circumstance unique to that stock exchange. Making these proposed
changes will allow the Exchange to trade options when an underlying
security is trading on any national securities exchange regardless of
where that security is formally listed. The proposed discretion
attempts to create a lessor market disruption if a listing or primary
market is unable to trade due to some circumstance. Because of the
connectivity of the national securities exchanges today, the Exchange
believes limiting its ability to trade options to when the primary
market of the underlying security is open might hurt investors if some
circumstance should render the primary exchange inoperable. In
addition, the Exchange believes that the reference to ``primary
market'' is ambiguous and has the potential to cause confusion. Thus,
the Exchange believes by further clarifying the language, it is clearer
when the Exchange will be open for trading.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change
protects investors by allowing trading in options as long as the
underlying security is trading on another exchange. Instead of only
relying on the ``primary market,'' the proposed rule change attempts to
clarify when options will trade on the Exchange to allow greater
continuity in the marketplace. By allowing the Exchange to trade
options whenever the underlying securities are trading, the proposed
changes seek to create less of a disconnect if the ``primary'' market
should be experiencing technical difficulties, an emergency, or other
situation that may inhibit it to be connected to the marketplace.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed rule change imposes any burden on intramarket competition
because it is applied to all TPHs. In addition, the Exchange does not
believe the proposed rule change will impose any burden on intermarket
competition as it will merely give the Exchange discretion to trade
options when there is an ample market for the underlying security of
those options. Thus, the Exchange believes the proposed rule change
will promote competition by giving the Exchange the ability to trade
options when the underlying security is trading anywhere, and, thus,
helping the Exchange to better participate in the marketplace.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which

the Exchange consents, the Commission will:
    A. by order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-035 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2013-035. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2013-035, and should be
submitted on or before April 19, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Deputy Secretary.
[FR Doc. 2013-07299 Filed 3-28-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6809-6810]
[FR Doc No: 2011-2655]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2010-0068]

Rehabilitation Assistance for Levees and other Flood Control
Works, DAP 9524.3

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on Rehabilitation Assistance for Levees and other Flood
Control Works.

DATES: Comments must be received by March 10, 2011.

ADDRESSES: Comments must be identified by docket ID FEMA-2010-0068 and
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
policy is not a rulemaking and the Federal Rulemaking Portal is being
utilized only as a mechanism for receiving comments.
    Mail: Office of Chief Counsel, Federal Emergency Management Agency,
Room 835, 500 C Street, SW., Washington, DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: Byron Mason, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20472,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice, which can be viewed by clicking on the ``Privacy Notice'' link
in the footer of http://www.regulations.gov.
    You may submit your comments and material by the methods specified
under the ADDRESSES caption. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed policy is available in docket ID FEMA-2010-
0068. For access to the docket to read background documents or comments
received, go to the Federal eRulemaking Portal at http://www.regulations.gov and search for the docket ID. Submitted comments
may also be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C
Street, SW., Washington, DC 20472.

II. Background

    This is an existing policy that is scheduled for review to ensure
that Recovery Directorate policies are consistent with current laws and
regulations. This policy delineates FEMA's authority to fund repairs to
certain levees and other flood control works under the provisions of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
    FEMA seeks comment on the proposed policy, which is available
online at http://www.regulations.gov in docket ID FEMA-2010-0068. Based
on the comments received, FEMA may make appropriate revisions to the
proposed policy. Although FEMA will consider any comments received in
the drafting of the final policy, FEMA will not provide a response to
comments document. When or if FEMA issues a final policy, FEMA will
publish a notice of availability in the Federal Register and make the
final policy available at http://www.regulations.gov.

    Authority: 42 U.S.C. 5121-5207.

David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2011-2655 Filed 2-7-11; 8:45 am]
BILLING CODE 9111-23-P