[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Page 60836]
[FR Doc No: 2018-25807]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-17-000]

Kansas Electric Power Cooperative, Inc. v. Westar Energy, Inc.;
Notice of Complaint

    Take notice that on November 16, 2018, pursuant to sections 206,
306, and 309 of the Federal Power Act, 16 U.S.C. 824e, 825e, and 825h,
and section 206 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR 385.206 (2018),
Kansas Electric Power Cooperative, Inc. (Complainant) filed a formal
complaint (complaint) against Westar Energy, Inc. (Westar or
Respondent), alleging that Westar is violating its generation formula
rate, Commission orders, regulations, and generally applicable
ratemaking policies, as more fully explained in the complaint.
    The Complainant certifies that copies of the complaint were served
on the contacts for Respondent and the Kansas Corporation Commission 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, 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 online at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the website that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 6, 2018.

    Dated: November 20, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-25807 Filed 11-26-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 43002-43004]
[FR Doc No: 2012-17905]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FRL 9704-1]

Hazardous Waste Management System: Identification and Listing of
Hazardous Waste Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.

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SUMMARY: The EPA (also, ``the Agency'' or ``we'') is amending an
existing exclusion to reflect changes in ownership and name for the
ConocoPhillips Billings, Montana Refinery. Today's amendment documents
these changes.

DATES: This amendment is effective on July 23, 2012.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, by mail at EPA
Region 8, Resource Conservation and Recovery Program, 1595 Wynkoop
Street, Mail Code 8P-R, Denver, Colorado 80202, by phone at (303) 312-
6231, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In this document the EPA is amending
appendix IX to part 261 to reflect a change in the ownership and name
of a particular facility. Today's notice documents the transfer of
ownership and name change by updating appendix IX to incorporate the
change in owner's name for the ConocoPhillips Billings, Montana
Refinery. On May 3, 2012, the EPA was notified that ownership of the
Billings, Montana Refinery had been transferred to Phillips 66 Company.
Phillips 66 Company certified that the management and operation of the
Billings Refinery has not changed due to the restructuring. This notice
documents the change by updating appendix IX to incorporate a change in
name.
    These changes to appendix IX of part 261 are effective July 23,
2012. The Hazardous and Solid Waste Amendments of 1984 amended section
3010 of the Resource Conservation and Recovery Act (RCRA) to allow
rules to become effective in less than six months when the regulated
community does not need the six-month period to come into compliance.
As described above, the change in ownership will not affect the
refineries operations. Therefore, a six-month delay in the effective
date is not necessary in this case. This provides the basis for making
this amendment effective immediately upon publication under the
Administrative Procedures Act pursuant to 5 United States Code (U.S.C.)
5531(d).

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, and Reporting
and recordkeeping requirements.

    Authority: RCRA 3001(f), 42 U.S.C. 6921(f).

    Dated: June 28, 2012.
Howard M. Cantor,
Acting Regional Administrator, Region 8.

    For the reasons set out in the preamble, 40 CFR part 261 is amended
as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and
6938.

0
2. In Table 1 of Appendix IX to part 261 is amended by removing the ''
ConocoPhillips Billings Refinery '' entry and adding a new entry
``Phillips 66 Company, Billings Refinery'' in alphabetical order by
facility to read as follows:

Appendix IX to Part 261--Waste Excluded Under Sec. Sec.  260.20 and
260.22

                                Table 1--Waste Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
             Facility                             Address                           Waste description
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Phillips 66 Company, Billings       Billings, Montana.................  Residual solids from centrifuge and/or
 Refinery (formerly ConocoPhillips                                       filter press processing of storm water
 Billings Refinery).                                                     tank sludge (F037) generated at a
                                                                         maximum annual rate of 200 cubic yards
                                                                         per year must be disposed in a lined
                                                                         Subtitle D landfill, licensed,
                                                                         permitted or otherwise authorized by a
                                                                         state to accept the delisted processed
                                                                         storm water tank sludge. The exclusion
                                                                         became effective March 1, 2012.
                                                                        For the exclusion to be valid, Phillips
                                                                         66 must implement a verification
                                                                         testing program that meets the
                                                                         following Paragraphs:
                                                                        1. Delisting levels: The constituent
                                                                         concentrations in a leachate extract of
                                                                         the waste measured in any sample must
                                                                         not exceed the following concentrations
                                                                         (mg/L TCLP): Acenaphthene-37.9;
                                                                         Antimony-.97; Anthracene-50; Arsenic-
                                                                         .301; Barium-100; Benz(a)anthracene-
                                                                         .25; Benzene-.5; Benzo(a)pyrene-1.1;
                                                                         Benzo(b)fluoranthene-8.7; Benzo(k)
                                                                         fluoranthene-50; Bis(2-
                                                                         ethylhexyl)phthalate -50; 2-Butanone -
                                                                         50; Cadmium-1.0; Carbon disulfide-36;
                                                                         Chromium- 5.0; Chrysene-25.0; Cobalt-
                                                                         .763; Cyanide(total)-41.2;
                                                                         Dibenz(a,h)anthrancene-1.16; Di-n-octyl
                                                                         phthalate-50; 1,4-Dioxane -36.5;
                                                                         Ethylbenzene-12; Fluoranthene -8.78;
                                                                         Fluorene-17.5; Indeno(1,2,3-cd)pyrene-
                                                                         27.3; Lead-5.0; Mercury-.2; m&p -Cresol-
                                                                         10.3; Naphthalene-1.17; Nickel-48.2; o-
                                                                         Cresol-50; Phenanthrene-50; Phenol-50;
                                                                         Pyrene-15.9; Selenium -1.0; Silver-5.0;
                                                                         Tetrachloroethene-0.7; Toluene-
                                                                         26;Trichloroethene -.403; Vanadium-
                                                                         12.3; Xylenes (total)-22; Zinc-500.

                                                                        2. Verification Testing: To verify that
                                                                         the waste does not exceed the specified
                                                                         delisting levels, Phillips 66 must
                                                                         collect and analyze two composite
                                                                         samples of the residual solids from the
                                                                         processed sludge to account for
                                                                         potential variability in each tank.
                                                                         Composite samples must be collected
                                                                         each time cleanout occurs and residuals
                                                                         are generated. Sample collection and
                                                                         analyses, including quality control
                                                                         procedures, must be performed using
                                                                         appropriate methods. If oil and grease
                                                                         comprise less than 1 percent of the
                                                                         waste, SW-846 Method 1311 must be used
                                                                         for generation of the leachate extract
                                                                         used in the testing for constituents of
                                                                         concern listed above. SW-846 Method
                                                                         1330A must be used for generation of
                                                                         the leaching extract if oil and grease
                                                                         comprise 1 percent or more of the
                                                                         waste. SW-846 Method 9071B must be used
                                                                         for determination of oil and grease. SW-
                                                                         846 Methods 1311, 1330A, and 9071B are
                                                                         incorporated by reference in 40 CFR
                                                                         260.11. As applicable, the SW-846
                                                                         methods might include Methods 1311,
                                                                         3010, 3510, 6010, 6020, 7470, 7471,
                                                                         8260, 8270, 9014, 9034, 9213, and 9215.
                                                                         If leachate concentrations measured in
                                                                         samples do not exceed the levels set
                                                                         forth in paragraph 1, Phillips 66 can
                                                                         dispose of the processed sludge in a
                                                                         lined Subtitle D landfill which is
                                                                         permitted, licensed, or registered by
                                                                         the state of Montana or other state
                                                                         which is subject to Federal RCRA
                                                                         delisting.
                                                                        If constituent levels in any sample and
                                                                         any retest sample for any constituent
                                                                         exceed the delisting levels set in
                                                                         paragraph (1) Phillips 66 must do the
                                                                         following:
                                                                        (A) Notify the EPA in accordance with
                                                                         paragraph (5) and; (B) Manage and
                                                                         dispose of the process residual solids
                                                                         as F037 hazardous waste generated under
                                                                         Subtitle C of RCRA.
                                                                        3. Changes in Operating Conditions:
                                                                         Phillips 66 must notify the EPA in
                                                                         writing if the manufacturing process,
                                                                         the chemicals used in the manufacturing
                                                                         process, the treatment process, or the
                                                                         chemicals used in the treatment process
                                                                         significantly change. Phillips 66 must
                                                                         handle wastes generated after the
                                                                         process change as hazardous until it
                                                                         has: demonstrated that the wastes
                                                                         continue to meet the delisting
                                                                         concentrations in paragraph (1);
                                                                         demonstrated that no new hazardous
                                                                         constituents listed in appendix VIII of
                                                                         part 261 have been introduced; and it
                                                                         has received written approval from the
                                                                         EPA.
                                                                        4. Data Submittal: Whenever tank
                                                                         cleanout is conducted Phillips 66 must
                                                                         verify that the residual solids from
                                                                         the processed storm water tank sludge
                                                                         meet the delisting levels in 40 CFR 261
                                                                         Appendix IX Table 1, as amended by this
                                                                         notice. Phillips 66 must submit the
                                                                         verification data to U.S. EPA Region 8,
                                                                         1595 Wynkoop Street, RCRA Delisting
                                                                         Program, Mail code 8P-HW, Denver, CO
                                                                         80202. Phillips 66 must compile,
                                                                         summarize and maintain onsite records
                                                                         of tank cleanout and process operating
                                                                         conditions and analytical data for a
                                                                         period of five years.
                                                                        5. Reopener Language: (A) If, anytime
                                                                         after final approval of this exclusion,
                                                                         Phillips 66 possesses or is otherwise
                                                                         made aware of any environmental data
                                                                         (including but not limited to leachate
                                                                         data or ground water monitoring data)
                                                                         or any other data relevant to the
                                                                         delisted waste indicating that any
                                                                         constituent identified for the
                                                                         delisting verification testing is at
                                                                         level higher than the delisting level
                                                                         allowed by the EPA in granting the
                                                                         petition, then the facility must report
                                                                         the data, in writing to the EPA at the
                                                                         address above, within 10 days of first
                                                                         possessing or being made aware of that
                                                                         data.
                                                                        (B) If Phillips 66 fails to submit the
                                                                         information described in paragraph (A)
                                                                         or if any other information is received
                                                                         from any source, the EPA will make a
                                                                         preliminary determination as to whether
                                                                         the reported information requires EPA
                                                                         action to protect human health or the
                                                                         environment. Further action may include
                                                                         suspending, or revoking the exclusion,
                                                                         or other appropriate response necessary
                                                                         to protect human health and the
                                                                         environment.
                                                                        (C) If the EPA determines that the
                                                                         reported information requires the EPA
                                                                         action, the EPA will notify the
                                                                         facility in writing of the actions the
                                                                         agency believes are necessary to
                                                                         protect human health and the
                                                                         environment. The notice shall include a
                                                                         statement of the proposed action and a
                                                                         statement providing the facility with
                                                                         an opportunity to present information
                                                                         as to why the proposed the EPA action
                                                                         is not necessary. The facility shall
                                                                         have 30 days from the date of the
                                                                         notice to present such information.
                                                                        (D) If after 30 days Phillips 66
                                                                         presents no further information or
                                                                         after a review of any submitted
                                                                         information, the EPA will issue a final
                                                                         written determination describing the
                                                                         Agency actions that are necessary to
                                                                         protect human health or the
                                                                         environment. Any required action
                                                                         described in the EPAs determination
                                                                         shall become effective immediately,
                                                                         unless the EPA provides otherwise.
                                                                        (E) Notification Requirements: Phillips
                                                                         66 must do the following before
                                                                         transporting the delisted waste:
                                                                         Failure to provide this notification
                                                                         will result in a violation of the
                                                                         delisting petition and a possible
                                                                         revocation of the decision.
                                                                        (1) Provide a one-time written
                                                                         notification to any State Regulatory
                                                                         Agency to which or through which it
                                                                         will transport the delisted waste
                                                                         described above for disposal, 60 days
                                                                         before beginning such activities.

                                                                        (2) Update the onetime written
                                                                         notification, if it ships the delisted
                                                                         waste to a different disposal facility.
                                                                        (3) Failure to provide this notification
                                                                         will result in a violation of the
                                                                         delisting variance and a possible
                                                                         revocation of the decision.

                                                  * * * * * * *
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[FR Doc. 2012-17905 Filed 7-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Pages 9197-9198]
[FR Doc No: 2014-03437]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12613-004]

Tygart LLC; Notice of Availability of Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR Part
380, the Office of Energy Projects has reviewed the application for an
original license for the proposed 30-megawatt (MW) Tygart Hydroelectric
Project to be located on the Tygart River in Taylor County, West
Virginia, at the U.S. Army Corps of Engineers' (Corps) Tygart Dam and
has prepared an environmental assessment (EA).
    In the EA, Commission staff analyzes the potential environmental
effects of licensing the project and concludes that issuing a license
for the construction and operation of the project, with appropriate
environmental protective measures, would not constitute a major federal
action that would significantly affect the quality of the human
environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on

the Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at (866)
208-3676, or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Comments on the EA should be filed within 30 days from the date of
this notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, please send a paper copy to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426. The
first page of any filing should include docket number P-12613-004.
    For Further Information Contact: Allyson Conner at<PHONE_NUMBER>.

    Dated: February 10, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-03437 Filed 2-14-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29237-29238]
[FR Doc No: 2011-12491]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2010-0833, FRL-9308-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Hazardous Waste Generator
Standards (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before June 20, 2011.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2010-0833, to (1) EPA, either online using http://www.regulations.gov
(our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail
to: RCRA Docket (28221T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; and (2) OMB, by mail
to: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Jim O'Leary, Office of Solid Waste,
Mail Code 5304P, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703)
308-8827; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On December 29, 2010 (75 FR 82005), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID No
EPA-HQ-RCRA-2010-0833, which is available for online viewing at http://www.regulations.gov, or in person viewing at the Resource Conservation
and Recovery Act (RCRA) Docket in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/
DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is<PHONE_NUMBER>, and the telephone number for the RCRA
Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Hazardous Waste Generator Standards (Renewal).
    ICR numbers: EPA ICR No. 0820.11, OMB Control No. 2050-0035.
    ICR Status: This ICR is scheduled to expire on May 31, 2011. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: Under the Resource Conservation and Recovery Act (RCRA),
as amended, Congress directed EPA to implement a comprehensive program
for the safe management of hazardous waste. The core of the national
waste management program is the regulation of hazardous waste from
generation to transport to treatment and eventual disposal, or from
``cradle to grave.'' Section 3001(d) of RCRA requires EPA to develop
standards for small quantity generators. Section 3002 of RCRA states,
among other things, that EPA shall establish requirements for hazardous
waste generators regarding recordkeeping practices. Section 3002 also
requires EPA to establish standards on appropriate use of containers by
generators. Finally, Section 3017 of RCRA specifies requirements for
individuals exporting hazardous waste from the United States, including
a notification of the intent to export, and an annual report
summarizing the types, quantities, frequency, and ultimate destination
of all exported hazardous waste.
    This ICR addresses the following categories of informational
requirements in part 262: pre-transport requirements for both large
(LQG) and small (SQG) quantity generators; storage requirements in
tanks, containment buildings and drip pads; air emission standards
requirements for LQGs (referenced in 40 CFR Part 265, Subparts AA and
BB); recordkeeping and reporting requirements for LQGs and SQGs; and
export requirements for LQGs and SQGs (i.e., notification of intent to
export and annual reporting). This collection of information is
necessary to help generators and EPA: (1) Identify and understand the
waste streams being generated and the hazards associated with them; (2)
determine whether employees have acquired the necessary expertise to
perform their jobs; and (3) determine whether LQGs have developed
adequate procedures to respond to unplanned sudden or non-sudden
releases of hazardous waste or hazardous constituents to air, soil, or
surface water. This information is also needed to help EPA determine
whether tank systems are operated in a manner that is fully protective
of human health and the environment and to ensure that releases to the
environment are managed quickly and efficiently. Additionally, this
information contributes to EPA's goal of preventing contamination of
the environment from hazardous waste accumulation practices, including
contamination from equipment leaks and process vents. Export
information is needed to ensure that: (1) Foreign governments consent
to U.S. exported wastes; (2) exported waste is actually managed at
facilities listed in the original notifications; and (3) documents are
available for compliance audits and enforcement actions.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 3
hours per response. Burden means the total time,

effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements which have subsequently
changed; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    Respondents/Affected Entities: Entities potentially affected by
this action are private business or other for-profit.
    Estimated Number of Respondents: 88,921
    Frequency of Response: Occasionally and biennially
    Estimated Total Annual Hour Burden: 266,384
    Estimated Total Annual Cost: $15,040,973, includes $14,992,809
annualized labor costs and $48,164 annualized capital or O&M costs.
    Changes in the Estimates: There is a decrease of 20,482 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease results from a decrease of 12,586
facilities, or 12.4 percent in the estimated universe of small and
large quantity generators.

    Dated: May 16, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-12491 Filed 5-19-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 33015-33018]
[FR Doc No: 2022-11620]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0171]
RIN 1625-AA08

Special Local Regulation; Tampa Bay, St. Petersburg, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the existing special local
regulations within the Seventh Coast Guard District Captain of the Port
(COTP) St. Petersburg Zone by removing an event that no longer takes
place, and by updating the location of an existing event. These changes
are being made because one event sponsor halted the event for the
forseeable future, and the other changed the event details.

DATES: This final rule is effective July 1, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0171 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician Second Class Regina L. Cuevas,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813) 228-2191, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 29, 2022, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled, ``Special Local
Regulations; Recurring Marine Events, Sector St. Petersburg.'' \1\ In
the NPRM we stated the purpose of the rulemaking was to remove one
existing recurring marine event that is no longer held and to change
the location and date of an existing recurring marine event within the
Seventh Coast Guard District Captain of the Port (COTP) St. Petersburg
Zone that are listed in 33 CFR 100.703, Table 1 to Sec.  100.703. With
the postponement of one event for the forseeable future, and the change
in date and location of another, the changes proposed in the NPRM were
necessary to ensure that Table 1 to Sec.  100.703 accurately reflected
the events taking place within the COTP St. Petersburg Zone, and in the
order the events occur. The NPRM invited comments on the proposed
changes to Table 1 to Sec.  100.703. During the comment period that
ended April 28, 2022, we received no comments.
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    \1\ 87 FR 17957.
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III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP St. Petersburg has determined it necessary to revise
the existing regulations in order to avoid confusion regarding the
special local regulations (SLR) in the COTP St. Petersburg Zone.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April
1, 2022.
    This rule makes the following changes in 33 CFR 100.703:
    1. Move the event listed in Table 1 to Sec.  100.703, Line No. 5,
``Sarasota Powerboat Grand Prix/Powerboat P-1 USA, LLC to Line No. 4.
We are not making any other changes to this event.
    2. Move Table 1 to Sec.  100.703, Line No. 4, to Line No. 5, and
revise the event to reflect a name change, course location, and date
and time for the event.
    3. Delete the event listed in Table 1 to Sec.  100.703, Line No. 6,
``Battle of the Bridges/Sarasota Scullers Youth Rowing Program.''
    Marine events listed in Table 1 to Sec.  100.703 are listed as
recurring over a particular time, during each month and each year.
Exact dates are intentionally omitted since calendar dates for specific
events change from year to year. Once dates for a marine event are
known, the Coast Guard notifies the public it intends to enforce the
special local regulation through various means including a notice of
enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the special local regulations. These areas
are limited in size and duration, and usually do not affect high vessel
traffic areas. Moreover, the Coast Guard will provide advance notice of
the regulated areas to the local maritime community via Notice of
Enforcement published in the Federal Register, by Local Notice to
Mariners, Broadcast to Mariners via VHF-FM marine channel 16, and the
rule will allow vessels to seek permission to enter the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received 0 comments from the Small Business
Administration on this 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this 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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
removing one event from the list of recurring marine events in the COTP
St. Petersburg Zone, and revising an existing recurring event to
reflect a name change, course location, and date and time for the
event. Normally such actions are categorically excluded from further
review under paragraphs L61 in Table 3-1 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1, because it involves a revised
special local regulation related to a marine event permit for marine
parades, regattas, and other marine events.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    Harbors, Marine Safety, Navigation (water), Reporting and Record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.703, revise Table 1 to read as follows:

Sec.  100.703  Special Local Regulations; Recurring Marine Events,
Sector St. Petersburg.

* * * * *

 Table 1 to Sec.   100.703--Special Local Regulations; Recurring Marine
                      Events, Sector St. Petersburg
                            [Datum NAD 1983]
------------------------------------------------------------------------
    Date/time      Event/sponsor       Location        Regulated area
------------------------------------------------------------------------
1. One Saturday   Gasparilla       Tampa, Florida.  Location: A
 in January;       Invasion and                      regulated area is
 Time              Parade/Ye                         established
 (Approximate):    Mystic Krewe                      consisting of the
 11:30 a.m. to 2   of Gasparilla.                    following waters of
 p.m.                                                Hillsborough Bay
                                                     and its tributaries
                                                     north of
                                                     27[deg]51'18'' N
                                                     and south of the
                                                     John F. Kennedy
                                                     Bridge:
                                                     Hillsborough Cut
                                                     ``D'' Channel,
                                                     Seddon Channel,
                                                     Sparkman Channel
                                                     and the
                                                     Hillsborough River
                                                     south of the John
                                                     F. Kennedy Bridge.
                                                    Additional
                                                     Regulation: (1)
                                                     Entrance into the
                                                     regulated area is
                                                     prohibited to all
                                                     commercial marine
                                                     traffic from 9 a.m.
                                                     to 6 p.m. EST on
                                                     the day of the
                                                     event.
                                                    (2) The regulated
                                                     area will include a
                                                     100 yard Safety
                                                     Zone around the
                                                     vessel JOSE GASPAR
                                                     while docked at the
                                                     Tampa Yacht Club
                                                     until 6 p.m. EST on
                                                     the day of the
                                                     event.
                                                    (3) The regulated
                                                     area is a ``no
                                                     wake'' zone.
                                                    (4) All vessels
                                                     within the
                                                     regulated area
                                                     shall stay 50 feet
                                                     away from and give
                                                     way to all
                                                     officially entered
                                                     vessels in parade
                                                     formation in the
                                                     Gasparilla Marine
                                                     Parade.
                                                    (5) When within the
                                                     marked channels of
                                                     the parade route,
                                                     vessels
                                                     participating in
                                                     the Gasparilla
                                                     Marine Parade may
                                                     not exceed the
                                                     minimum speed
                                                     necessary to
                                                     maintain steerage.
                                                    (6) Jet skis and
                                                     vessels without
                                                     mechanical
                                                     propulsion are
                                                     prohibited from the
                                                     parade route.
                                                    (7) Vessels less
                                                     than 10 feet in
                                                     length are
                                                     prohibited from the
                                                     parade route unless
                                                     capable of safely
                                                     participating.
                                                    (8) Vessels found to
                                                     be unsafe to
                                                     participate at the
                                                     discretion of a
                                                     present Law
                                                     Enforcement Officer
                                                     are prohibited from
                                                     the parade route.
                                                    (9) Northbound
                                                     vessels in excess
                                                     of 65 feet in
                                                     length without
                                                     mooring arrangement
                                                     made prior to the
                                                     date of the event
                                                     are prohibited from
                                                     entering Seddon
                                                     Channel unless the
                                                     vessel is
                                                     officially entered
                                                     in the Gasparilla
                                                     Marine Parade.
                                                    (10) Vessels not
                                                     officially entered
                                                     in the Gasparilla
                                                     Marine Parade may
                                                     not enter the
                                                     parade staging area
                                                     box within the
                                                     following
                                                     coordinates:
                                                     27[deg]53'53'' N,
                                                     082[deg]27'47'' W;
                                                     27[deg]53'22'' N,
                                                     082[deg]27'10'' W;
                                                     27[deg]52'36'' N,
                                                     082[deg]27'55'' W;
                                                     27[deg]53'02'' N,
                                                     082[deg]28'31'' W.
2. One Saturday   Bradenton Area   Bradenton, FL..  Location(s)
 in February;      River Regatta/                    Enforcement Area
 Time              City of                           #1. All waters of
 (Approximate):    Bradenton.                        the Manatee River
 9:00 a.m. to                                        between the Green
 9:00 p.m.                                           Bridge and the CSX
                                                     Train Trestle
                                                     contained within
                                                     the following
                                                     points:
                                                     27[deg]30'43'' N,
                                                     082[deg]34'20'' W,
                                                     thence to position
                                                     27[deg]30'44'' N,
                                                     082[deg]34'09'' W,
                                                     thence to position
                                                     27[deg]30' 00'' N,
                                                     082[deg]34'04'' W,
                                                     thence to position
                                                     27[deg]29'58'' N,
                                                     082[deg]34'15'' W,
                                                     thence back to the
                                                     original position,
                                                     27[deg]30'43'' N,
                                                     082[deg]34'20'' W.
                                                    Enforcement Area #2.
                                                     All waters of the
                                                     Manatee River
                                                     contained within
                                                     the following
                                                     points:
                                                     27[deg]30'35'' N,
                                                     082[deg]34'37'' W,
                                                     thence to position
                                                     27[deg]30'35'' N,
                                                     082[deg]34'26'' W,
                                                     thence to position
                                                     27[deg]30'26'' N,
                                                     082[deg]34'26'' W,
                                                     thence to position
                                                     27[deg]30'26'' N,
                                                     082[deg]34'37'' W,
                                                     thence back to the
                                                     original position,
                                                     27[deg]30'35'' N,
                                                     082[deg]34'37'' W.
3. One weekend    Gulfport Grand   Gulfport, FL...  Location(s): (1)
 (Friday,          Prix/Gulfport                     Race Area. All
 Saturday, and     Grand Prix LLC.                   waters of Boca de
 Sunday) in                                          Ciego contained
 March; Time                                         within the
 (Approximate):                                      following points:
 8:00 a.m. to                                        27[deg]44'10'' N,
 5:00 p.m.                                           082[deg]42'29'' W,
                                                     thence to position
                                                     27[deg]44'07'' N,
                                                     082[deg]42'40'' W,
                                                     thence to position
                                                     27[deg]44'06'' N,
                                                     082[deg]42'40'' W,
                                                     thence to position
                                                     27[deg]44'04'' N,
                                                     082[deg]42'29'' W,
                                                     thence to position
                                                     27[deg]44'07'' N,
                                                     082[deg]42'19'' W,
                                                     thence to position
                                                     27[deg]44'08'' N,
                                                     082[deg]42'19'' W,
                                                     thence back to the
                                                     original position,
                                                     27[deg]44'10'' N,
                                                     082[deg]42'29'' W.
                                                    (2) Buffer Zone. All
                                                     waters of Boca de
                                                     Ciego encompassed
                                                     within the
                                                     following points:
                                                     27[deg]44'10'' N,
                                                     082[deg]42'47'' W,
                                                     thence to position
                                                     27[deg]44'01'' N,
                                                     082[deg]42'44'' W,
                                                     thence to position
                                                     27[deg]44'01'' N,
                                                     082[deg]42'14'' W,
                                                     thence to position
                                                     27[deg]44'15'' N,
                                                     082[deg]42'14'' W.
4. One weekend    Sarasota         Sarasota, FL...  Location: All waters
 (Saturday and     Powerboat                         of the Gulf of
 Sunday) in        Grand Prix/                       Mexico contained
 July; Time        Powerboat P-1                     within the
 (Approximate):    USA, LLC.                         following points:
 8:00 a.m. to                                        27[deg]18'44'' N,
 5:00 p.m.                                           082[deg]36'14'' W,
                                                     thence to position
                                                     27[deg]19'09'' N,
                                                     082[deg]35'13'' W,
                                                     thence to position
                                                     27[deg]17'42'', N,
                                                     082[deg]34'00'' W,
                                                     thence to position
                                                     27[deg]16'43'' N,
                                                     082[deg]34'49'' W,
                                                     thence back to the
                                                     original position,
                                                     27[deg]18'44'' N,
                                                     082[deg]36'14'' W.

5. One weekend    St.Petersburg P- St. Petersburg,  Location: All waters
 (Saturday and     1 Powerboat      FL.              of the Tampa Bay
 Sunday) in        Grand Prix.                       encompassed within
 September; Time                                     the following
 (Approximate):                                      points:
 8:00 a.m. to                                        27[deg]46'56.22''
 4:00 p.m.                                           N,
                                                     082[deg]36'55.50''
                                                     W, thence to
                                                     position
                                                     27[deg]47'08.82''
                                                     N,
                                                     082[deg]34'33.24''
                                                     W, thence to
                                                     position
                                                     27[deg]46'06.96''
                                                     N,
                                                     082[deg]34'29.04''
                                                     W, thence to
                                                     position
                                                     27[deg]45'59.22''
                                                     N,
                                                     082[deg]37'02.88''
                                                     W, thence back to
                                                     the original
                                                     position
                                                     27[deg]46'24.24''
                                                     N,
                                                     082[deg]37'30.24''
                                                     W.
6. One Sunday in  Clearwater       Clearwater, FL.  Locations: (1) Race
 September; Time   Offshore                          Area. All waters of
 (Approximate):    Nationals/Race                    the Gulf of Mexico
 11:30 a.m. to     World Offshore.                   contained within
 4:00 p.m.                                           the following
                                                     points:
                                                     27[deg]58'34'' N,
                                                     82[deg]50'09'' W,
                                                     thence to position
                                                     27[deg]58'32'' N,
                                                     82[deg]50'02'' W,
                                                     thence to position
                                                     28[deg]00'12'' N,
                                                     82[deg]50'10'' W,
                                                     thence to position
                                                     28[deg]00'13'' N,
                                                     82[deg]50'10'' W,
                                                     thence back to the
                                                     original position,
                                                     27[deg]58'34'' N,
                                                     82[deg]50'09'' W.
                                                    (2) Spectator Area.
                                                     All waters of Gulf
                                                     of Mexico seaward
                                                     no less than 150
                                                     yards from the race
                                                     area and as agreed
                                                     upon by the Coast
                                                     Guard and race
                                                     officials.
                                                    (3) Enforcement
                                                     Area. All waters of
                                                     the Gulf of Mexico
                                                     encompassed within
                                                     the following
                                                     points:
                                                     28[deg]58'40'' N,
                                                     82[deg]50'37'' W,
                                                     thence to position
                                                     28[deg]00'57'' N,
                                                     82[deg]49'45'' W,
                                                     thence to position
                                                     27[deg]58'32'' N,
                                                     82[deg]50'32'' W,
                                                     thence to position
                                                     27[deg]58'23'' N,
                                                     82[deg]49'53'' W,
                                                     thence back to
                                                     position
                                                     28[deg]58'40'' N,
                                                     82[deg]50'37'' W.
7. One Thursday,  Roar Offshore/   Fort Myers       Locations: All
 Friday, and       OPA Racing LLC.  Beach, FL.       waters of the Gulf
 Saturday in                                         of Mexico west of
 October; Time                                       Fort Myers Beach
 (Approximate):                                      contained within
 10:00 a.m. to                                       the following
 5:00 p.m.                                           points:
                                                     26[deg]26'27'' N,
                                                     081[deg]55'55'' W,
                                                     thence to position
                                                     26[deg]25'33'' N,
                                                     longitude
                                                     081[deg]56'34'' W,
                                                     thence to position
                                                     26[deg]26'38'' N,
                                                     081[deg]58'40'' W,
                                                     thence to position
                                                     26[deg]27'25'' N,
                                                     081[deg]58'8'' W,
                                                     thence back to the
                                                     original position
                                                     26[deg]26'27'' N,
                                                     081[deg]55'55'' W.
8. One weekend    OPA World        Englewood        Locations: (1) Race
 (Friday,          Championships/   Beach, FL.       Area. All waters of
 Saturday, and     Englewood                         the Gulf of Mexico
 Sunday) in        Beach                             contained within
 November; Time    Waterfest.                        the following
 (Approximate):                                      points:
 8:00 a.m. to                                        26[deg]56'00'' N,
 6:00 p.m.                                           082[deg]22'11'' W,
                                                     thence to position
                                                     26[deg]55'59'' N,
                                                     082[deg]22'16'' W,
                                                     thence to position
                                                     26[deg]54'22'' N,
                                                     082[deg]21'20'' W,
                                                     thence to position
                                                     26[deg]54'24'' N,
                                                     082[deg]21'16'' W,
                                                     thence to position
                                                     26[deg]54'25'' N,
                                                     082[deg]21'17'' W,
                                                     thence back to the
                                                     original position,
                                                     26[deg]56'00'' N,
                                                     082[deg]21'11'' W.
                                                    (2) Spectator Area.
                                                     All waters of the
                                                     Gulf of Mexico
                                                     contained with the
                                                     following points:
                                                     26[deg]55'33'' N,
                                                     082[deg]22'21'' W,
                                                     thence to position
                                                     26[deg]54'14'' N,
                                                     082[deg]21'35'' W,
                                                     thence to position
                                                     26[deg]54'11'' N,
                                                     082[deg]21'40'' W,
                                                     thence to position
                                                     26[deg]55'31'' N,
                                                     082[deg]22'26'' W ,
                                                     thence back to
                                                     position
                                                     26[deg]55'33'' N,
                                                     082[deg]22'21'' W.
                                                    (3) Enforcement
                                                     Area. All waters of
                                                     the Gulf of Mexico
                                                     encompassed within
                                                     the following
                                                     points:
                                                     26[deg]56'09'' N,
                                                     082[deg]22'12'' W,
                                                     thence to position
                                                     26[deg]54'13'' N,
                                                     082[deg]21'03'' W,
                                                     thence to position
                                                     26[deg]53'58'' N,
                                                     082[deg]21'43'' W,
                                                     thence to position
                                                     26[deg]55'56'' N,
                                                     082[deg]22'48'' W,
                                                     thence back to
                                                     position
                                                     26[deg]56'09'' N,
                                                     082[deg]22'12'' W.
------------------------------------------------------------------------

    Dated: May 23, 2022.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2022-11620 Filed 5-31-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 9, 2007 (Volume 72, Number 153)]
[Notices]
[Page 44890-44891]
[DOCID:fr09au07-107]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56193; File No. SR-Amex-2007-38]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Approving Proposed Rule Change Amending Preferred Stock Voting Rights

August 2, 2007.

I. Introduction

    On April 20, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the minimum voting rights that must be
provided to preferred shareholders in order for a preferred stock issue
to list on the Amex. The proposed rule change was published for comment
in the Federal Register on July 7, 2007.\3\ The Commission received no
comments on the proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55963 (June 26,
2007), 72 FR 36081.
---------------------------------------------------------------------------

II. Description of the Proposal

    Section 124 of the Amex Company Guide, ``Preferred Voting Rights,''
provides that the Exchange may decline to list a preferred stock issue
on the Amex if the issuer does not provide certain minimum voting
rights to holders of preferred stock. Specifically, under the current
rule, the Exchange may decline to list a preferred stock issue unless
the preferred shareholders have the right, voting as a class, to vote
on: (i) Any change in the rights, privileges or preferences of their
preferred shares; and (ii) the creation of any additional class of
preferred stock senior to or equal in preference to their preferred
shares. The rule provides that any such change in the rights,
privileges or preferences of preferred shares and any creation of an
additional class of senior preferred stock must be approved by at least
two-thirds of the preferred shareholders. Any creation of an additional
class of preferred stock equal in preference must be approved by at
least a majority of the preferred shareholders.
    The Exchange now proposes to modify the minimum preferred voting
rights required for listing of a preferred stock issue on the Amex.
First, the Exchange proposes to amend the provision relating to changes
in the rights, privileges, or preferences of preferred shareholders, to
provide that holders of at least two-thirds of the outstanding shares
of a preferred stock issue should be required for the adoption of any
charter or by-law amendment that would materially affect existing terms
of the preferred stock. The amended rule would also provide that, if
all series of a class of preferred stock are not equally affected by a
proposed change to the terms of the preferred stock, two-thirds
approval of both the class and the series that will have a diminished
status should be required to authorize such change. The Exchange also
proposes to require that an issuer's charter not hinder the preferred
shareholders' right to alter the terms of their stock by limiting
modification to specific items, e.g., interest rate, redemption price.
    With respect to the creation of a senior issue, the amended rule
would continue to provide that the creation of a senior issue should
require approval of at least two-thirds of the outstanding preferred
shares. However, the Exchange proposes to amend the rule to also
provide that a vote by an existing series of preferred stock is not
required for the board of directors of an issuer to create a senior
series of preferred stock if shareholders authorized such action when
the existing series was created. Further, a vote by an existing class
is not required for the creation of a senior issue if the existing
class received adequate notice of redemption to occur within 90 days
and the existing issue is not being retired with proceeds from the sale
of the new issue.
    The amended rule would also provide that an increase in the
authorized

amount of a class of preferred stock or the creation of a pari passu
issue is required to be approved by a majority of the outstanding
shares of the class or classes to be affected by such change. However,
a majority vote would not be required if, at the time a class of
preferred stock was created, the preferred shareholders gave the board
of directors the authority to increase the authorized amount of a
series of preferred stock or create an additional series of preferred
stock equal in preference.

III. Discussion

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange
and, in particular, with section 6(b)(5) of the Act,\4\ which requires,
among other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to, and perfect the mechanism of, a free and open market and a national
market system and, in general, to protect investors and the public
interest.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b)(5).
    \5\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    The Commission notes that the proposed rule change will make Amex's
listing requirements relating to minimum preferred voting rights
substantially similar to those of the New York Stock Exchange LLC
(``NYSE'').\6\ The Commission believes that the proposed rule change
may provide additional flexibility to issuers of preferred stock with
regard to their ability to raise capital, while at the same time,
ensuring that preferred shareholders will retain important voting
rights. The proposal also ensures that the rights and privileges of the
preferred shareholders are protected and cannot be changed without
prior approval of the preferred shareholders.
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    \6\ See Section 313.00(C) of the NYSE Listed Company Manual.
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IV. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-Amex-2007-38) be, and hereby
is, approved.
    For the Commission, by the Division of Market Regulation, pursuant
to delegated authority.\8\
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    \7\ 15 U.S.C. 78s(b)(2).
    \8\ 17 CFR 200.30-3(a)(12).

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-15541 Filed 8-8-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Page 56457]
[FR Doc No: 2022-19812]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95704; File No. SR-MRX-2022-10]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change Relating to Complex Orders in Connection With a Technology
Migration

September 8, 2022.
    On July 18, 2022, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to amend its
rules relating to trading functionality for Complex Orders in
connection with a technology migration. The proposed rule change was
published for comment in the Federal Register on July 29, 2022.\3\ The
Commission has received no comments regarding the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 95363 (July 25,
2022), 87 FR 45814.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission will either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is September 12, 2022. The Commission is extending this 45-day time
period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change. Accordingly,
pursuant to Section 19(b)(2) of the Act,\5\ the Commission designates
October 27, 2022, as the date by which the Commission shall either
approve or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-MRX-2022-10).
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    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-19812 Filed 9-13-22; 8:45 am]
BILLING CODE 8011-01-P