[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1429-1430]
[FR Doc No: 2022-00297]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0740]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0032

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0032,
Vessel Inspection Related Forms and Reporting Requirements; without
change. Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
February 10, 2022.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2021-0740]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-6P), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S.
COAST GUARD, 2703 MARTIN LUTHER KING JR. AVE SE, STOP 7710, WASHINGTON,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2021-0740], and must be received by February 10,
2022.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0032.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (86 FR 54991, October 5, 2021)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Vessel Inspection Related Forms and Reporting Requirements
Under Title 46 U.S. Code.
    OMB Control Number: 1625-0032.
    Summary: This collection of information requires owners, operators,
agents or masters of certain inspected vessels to obtain and/or post
various forms as part of the Coast Guard's Commercial Vessel Safety
Program.
    Need: The Coast Guard's Commercial Vessel Safety Program
regulations are found in 46 CFR, including parts 2, 26, 31, 71, 91,
107, 115, 126, 169, 176 and 189, as authorized in Title 46 U.S. Code. A
number of reporting and recordkeeping requirements are contained
therein.

Forms:

 CG-841, Certificate of Inspection
 CG-854, Temporary Certificate of Inspection
 CG-948, Permit to Proceed to Another Port for Repairs
 CG-949, Permit to Carry Excursion Party
 CG-950, Application for Permit to Carry Excursion Party
 CG-950A, Application for Special Permit
 CG-2832, Vessel Inspection Record

    Respondents: Owners, operators, agents and masters of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 1,705
hours to 735 hours a year, due to change in the estimated time for
respondents to complete certain recordkeeping tasks.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. et seq.,
chapter 35, as amended.

    Dated: December 9, 2021.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2022-00297 Filed 1-10-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]
[Page 13824-13825]
[DOCID:fr17mr06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-318-000; ER06-318-001; ER06-318-002; ER06-326-000,
and ER06-326-001]

North American Energy Credit and Clearing--Contract Merchant LLC
North American Energy Credit and Clearing--Delivery LLC; Notice of
Issuance of Order

March 10, 2006.
    North American Energy Credit and Clearing--Contract Merchant LLC
(Merchant) and North American Energy Credit and Clearing--Delivery LLC

(Delivery) filed applications for market-based rate authority with an
accompanying rate tariffs. The proposed rate tariffs provide for
wholesale sale of capacity, energy and ancillary services at market-
based rates. Merchant and Delivery also requested waiver of various
Commission regulations. In particular, Merchant and Delivery requested
that the Commission grant blanket approval under 18 CFR part 34 of all
future issuances of securities and assumptions of liability by Merchant
and Delivery.
    On March 8, 2006, the Commission granted the request for blanket
approval under part 34, subject to the following:
    Any person desiring to be heard or to protest the blanket approval
of issuances of securities or assumptions of liability by Merchant and
Delivery should file a motion to intervene or protest with the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure. 18 CFR 385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protests, is April 7, 2006.
    Absent a request to be heard in opposition by the deadline above,
Merchant and Discovery are authorized to issue securities and assume
obligations or liabilities as a guarantor, indorser, surety, or
otherwise in respect of any security of another person; provided that
such issuance or assumption is for some lawful object within the
corporate purposes of Merchant and Discovery, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approval of Merchant's and Discovery's issuances of
securities or assumptions of liability.
    Copies of the full text of the Commission's Order are available
from the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3878 Filed 3-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51552-51553]
[FR Doc No: 2020-18193]

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DEPARTMENT OF TRANSPORTATION

Review of American/JetBlue Agreements

AGENCY: Office of the Secretary of Transportation (OST), Department of
Transportation (DOT).

ACTION: Extension of waiting period.

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SUMMARY: American Airlines, Inc. (American) and JetBlue Airways
Corporation (JetBlue) have submitted cooperative agreements, including
code-sharing and alliance agreements, to the U.S. Department of
Transportation (Department) for review. The statute requires such joint
venture agreements between major U.S. passenger airlines to be
submitted to the Department at least 30 days before the agreements may
take effect and authorizes the Department to extend the waiting period
for these agreements beyond the initial 30-day period. The Department
has determined to extend the waiting period for the American/JetBlue
agreements for an additional 90 days.

DATES: The waiting period will now expire on November 19, 2020.

FOR FURTHER INFORMATION CONTACT: Todd Homan, Director, Office of
Aviation Analysis, 1200 New Jersey Avenue SE, Washington, DC 20590 or
(202) 366-5903.

SUPPLEMENTARY INFORMATION:  On July 22, 2020, American and JetBlue
submitted cooperative agreements, including code-sharing and alliance
agreements, to the Department. We are informally reviewing the
agreements submitted by the two carriers under 49 U.S.C. 41720. The
statute requires such joint venture agreements between major U.S.
passenger airlines to be submitted to the Department at least 30 days
before the agreements may take effect.

Pursuant to 49 U.S.C. 41720(a)(1), this requirement currently covers
code-sharing agreements, long-term wet leases involving a substantial
number of aircraft, and agreements concerning frequent flyer programs.
By publishing a notice in the Federal Register, we may extend the
waiting period by up to 150 days in the case of a joint venture
agreement with respect to code-sharing and by up to 60 days for other
types of agreements. At the end of the waiting period (either the 30-
day period or any extended period established by us), the parties are
free to implement their agreement unless the Department has taken
action. If we determine that the agreements' implementation would
constitute an unfair or deceptive practice or unfair method of
competition, the Department would issue an order under 49 U.S.C. 41712
and institute a formal enforcement proceeding.
    In the past, we have conducted the reviews authorized by 49 U.S.C.
41720 informally. The airline parties to joint venture agreements have
filed the agreements directly with the Department staff that reviews
them. Further, we have not established a docketed proceeding on any
such agreements. As part of the Department's informal review of the
agreements under Section 41720, we focus on whether they would reduce
competition or would violate antitrust laws or principles. Our review
is analogous to the review of notifiable mergers and acquisitions
conducted by the Justice Department and the Federal Trade Commission
under the Hart-Scott-Rodino Act, 15 U.S.C. 18a, since we are
considering whether we should institute a formal proceeding for
determining whether an agreement would violate section 41712.
    In our review, we consult the Justice Department, which is
responsible for enforcing the antitrust laws and may file suit and seek
injunctive relief against the parties to an airline agreement, whether
or not the agreement is subject to 49 U.S.C. 41720. We seek to avoid
duplicative proceedings by this Department and the Justice Department.
    Joint venture agreements featuring code-sharing and other forms of
cooperation between separate entities do not constitute a merger and,
in contrast to the antitrust-immunized alliances between U.S. and
foreign airlines, are less likely to lead to a substantial integration
of the partners' operations. Such agreements, however, would likely
reduce competition if their terms or the resulting relationship among
the airline partners would create the potential for collusion on price
and service levels in markets where the airlines compete, or if the
agreements and the airlines' relationship could otherwise significantly
reduce competition, for example, by unreasonably restricting each
airline's ability to set its own fares and service levels.
    The joint venture agreements submitted by the parties require the
Department to undertake a detailed review of the carriers' submission
and analysis of its impacts to competition, as well as analyzing the
benefits of the transaction. While American and JetBlue submitted
agreements on July 22, 2020, they are still negotiating and finalizing
several alliance agreements material to the transaction. The two
carriers also filed prior to completing their document production
process. We need adequate time to review these documents once they are
filed. Extending the waiting period will also facilitate the Department
coordinating, as contemplated by 49 U.S.C. 41720(f), with the Antitrust
Division of the Department of Justice, which is responsible for
ensuring that the agreements comply with the antitrust laws of the
United States. We have therefore determined to extend the waiting
period by 90 days, from August 21, 2020, to November 19, 2020.
    We understand the need to complete our review as expeditiously as
possible, so that American and JetBlue will know our views on whether
and under what terms they may go forward with the agreements. We may
therefore terminate the waiting period upon earlier completion of our
review.

    Authority: 49 U.S.C. 41720(c)(2).

    Dated: August 14, 2020.
Joel Szabat,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2020-18193 Filed 8-19-20; 8:45 am]
BILLING CODE P


[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Page 68374]
[FR Doc No: 2010-27939]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1944-DR; Docket ID FEMA-2010-0002]

Wisconsin; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Wisconsin (FEMA-1944-DR), dated October 21,
2010, and related determinations.

DATES: Effective Date: October 21, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 21, 2010, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Wisconsin resulting from severe storms and flooding during the
period of September 22 to October 9, 2010, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Wisconsin.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Paul J. Ricciuti, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Wisconsin have been designated
as adversely affected by this major disaster:

    Buffalo, Clark, Jackson, Juneau, Marathon, Portage, Taylor,
Trempealeau, and Wood Counties for Public Assistance.
    All counties within the State of Wisconsin are eligible to apply
for assistance under the Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-27939 Filed 11-4-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87928-87933]
[FR Doc No: 2016-29250]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2016-0150; FRL-9956-09-OW]

General Permit for Ocean Disposal of Marine Mammal Carcasses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final general permit.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a general
permit to authorize the transport of marine mammal carcasses from the
United States and disposal of marine mammal carcasses in ocean waters.
Permit authorization is available for any officer, employee, agent,
department, agency, or instrumentality of federal, state, tribal, or
local unit of government, as well as any Marine Mammal Health and
Stranding Response Program (MMHSRP) Stranding Agreement Holder, and any
Alaskan Native, who already may take a marine mammal under the Marine
Mammal Protection Act (MMPA) and Endangered Species Act (ESA). The
EPA's purpose in issuing a general permit is to expedite required
authorizations for the ocean disposal of marine mammal carcasses that
otherwise currently require the issuance of an emergency permit.

DATES: This general permit is effective January 5, 2017.

ADDRESSES: This permit is identified as Docket No. EPA-HQ-OW-2016-0150.
The record is closed but available for inspection from 9 a.m. to 4
p.m., Monday through Friday, excluding legal holidays, at the Water
Docket, 1301 Constitution Avenue NW., Room B-135, Washington, DC 20460.
For access to docket materials, call<PHONE_NUMBER>, to schedule an
appointment.

FOR FURTHER INFORMATION CONTACT: Brian Rappoli, Ocean and Coastal
Protection Division, Office of Water, 4504T, Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The general permit authorization is available for any officer,
employee, agent, department, agency, or instrumentality of federal,
state, tribal, or local unit of government, as well as any MMHSRP
Stranding Agreement Holder, and any Alaskan Native, who already may
take a marine mammal under the MMPA and ESA, to transport from the
United States and dispose of a marine mammal carcass in ocean waters.

B. Does this action require the disposal of marine mammal carcasses in
ocean waters?

    The general permit does not require ocean disposal; it merely
authorizes ocean disposal when there is a need for such disposals.

II. Federal Law and International Conventions

    The EPA establishes general terms of authorization under Title I of
the Marine Protection, Research, and Sanctuaries Act (MPRSA), sometimes
referred to as the Ocean Dumping Act, for the ocean disposal of the
marine mammal carcasses. As defined under the MMPA, which is relevant
for the purposes of this permit as explained later, the term ``marine
mammal'' means any mammal that is morphologically adapted to the marine
environment (including sea otters and members of the orders Sirenia,
Pinnipedia, and Cetacea) or primarily inhabits the marine environment
(e.g., polar bears). Other than for Alaskan Natives who would engage in
subsistence uses, EPA does not anticipate that ocean disposal will be
necessary for marine mammal carcasses except in unusual circumstances,
such as but not limited to (1) beached and floating whale or large
pinniped carcasses and (2) mass strandings of other marine mammals.
    Transportation for the purpose of disposal of any material in the
ocean requires authorization under the MPRSA. In the past, the EPA has
permitted the ocean disposal of cetacean (whales and related species)
and pinniped (seals and related species) carcasses on a case-by-case
basis, with emergency permits. The terms of this general permit are
based on the EPA's past emergency permitting and will enable more
timely authorization of such ocean disposals. The general permit
applies to the transport of marine mammal carcasses from the United
States for the purpose of ocean disposal.
    Living marine mammals are protected by federal law, including the
MMPA, the ESA, the Whaling Convention Act (WCA), the Fur Seal Act, and
international conventions, including the International Convention for
the Regulation of Whaling, which established the International Whaling
Commission (IWC), and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora. Although the general permit
applies only to marine mammal carcasses, certain IWC regulations are
nevertheless relevant. Specifically, IWC regulations recognize that
indigenous or aboriginal subsistence whaling is not the same as the
commercial whaling that is subject to the IWC's whaling moratorium. As
relevant to subsistence whaling in the United States, the IWC sets
catch limits for the Western Arctic stock of bowhead whales based upon
the needs of Native hunters in Alaskan villages. The hunt is managed
cooperatively by the National Marine Fisheries Service (NMFS) and the
Alaska Eskimo Whaling Commission under the WCA and the MMPA.
    The Stranding Response Program of the NMFS and MMHSRP Stranding
Agreement Holders are provided authority under this general permit
because Stranding Agreement Holders are authorized to take marine
mammals subject to the provisions of the MMPA (16 U.S.C. 1361 et seq.),
the Regulations Governing the Taking and Importing of Marine Mammals
(50 CFR part 216), the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), the Regulations Governing the Taking, Importing,
and Exporting of Endangered and Threatened Fish and Wildlife (50 CFR
parts 222-226), and/or the Fur Seal Act of 1966, as amended (16 U.S.C.
1151 et seq.). As such, MMHSRP Stranding Agreement Holders may have a
need for ocean disposal should stranded marine mammals die.

III. Strandings and Beachings

    Marine mammals that have died or have become sick or injured reach
the ocean shoreline by a variety of mechanisms. Possible mechanisms
include: Beaching, which involves a marine mammal carcass being driven
ashore by currents or winds; stranding (single or multiple) of live
marine mammal(s) that subsequently die; and transport on the bow of
vessels. In most stranding cases, the causes of marine mammal
strandings are unknown, but some causes may include: Disease, parasite
infestation, harmful algal blooms, injuries due to ship strikes,
fishery entanglements, pollution exposure, unusual weather or
oceanographic events, trauma, and starvation. While many cetaceans and
pinnipeds die every year, most carcasses never reach the shore; rather,
the carcasses are consumed by other organisms or decompose sufficiently
to sink to the ocean bottom where, depending upon size, the carcass may
form the basis of an ``organic fall'' (e.g., kelp, wood, and whale
falls) ecosystem.
    Stranding or beaching events may pose a risk to public health due
to the potential for transfer to the public of communicable diseases
(e.g., brucellosis, poxvirus and mycobacteriosis) from cetacean or
pinniped carcasses. Cetacean or pinniped carcasses present a
significant disposal concern due not only to the size of some carcasses
but also due to the frequency with which carcasses reach the shoreline.
For example, between February 2010 and February 2014, over 1000
cetacean carcasses were found along the coast of the northern Gulf of
Mexico.

IV. Hazard to Public Safety and Navigation

    A floating carcass near shore may pose a risk to public safety
before making land fall to the extent it might attract predators (e.g.,
sharks) to a recreation use area in nearby waters. Floating carcasses
near shore (e.g., in a harbor) also may pose a hazard to navigation.
Per regulations promulgated by the Army Corps of Engineers, at 33 CFR
245.20, the determination of a navigation hazard is made jointly by the
Army Corps of Engineers and the U.S. Coast Guard (USCG). If such a
determination is made, the Army Corps of Engineers determines
appropriate remedial action as described in section 245.25, which may
include removal of the carcass(es). Permit authorization to transport
for the purpose of ocean

disposal will be available if the removal operation requires ocean
disposal of such carcasses.

V. Disposal and Management Options

    For a dead marine mammal found along the shore, generally available
options for marine mammal carcass disposal and management include:
Allowing the carcass to decompose in place; burial in place;
transportation to a landfill; incineration; and towing to sea for ocean
disposal. Additional disposal options, such as rendering, composting,
and alkaline hydrolysis, will depend on the availability of appropriate
facilities. Selection of an option will depend upon factors such as
carcass size, number of carcasses, availability of local resources,
and/or location. This general permit concerns only the towing to sea
for ocean disposal option.

A. In-Place Decomposition

    Allowing a carcass to decompose in place may be an acceptable
option if the location of the carcass is on a remote portion of the
shoreline that is sufficiently distant from population centers so that
the carcass does not pose a risk for public health and animal health,
or result in unacceptable olfactory or visual aesthetic impacts. This
option may be the most practical when the carcass is located in an area
that is inaccessible to heavy equipment, thereby making other options,
such as burying in place or moving to a landfill, infeasible.

B. In-Place and Landfill Burial

    Burial of a carcass may be used as a disposal option, especially
when the carcass is located near population centers or near areas used
for recreational activities. A carcass may be buried near where the
animal strands or beaches, usually above the high water mark, or
transported inland for disposal, for example, at a municipal landfill.
Disposal by trench burial involves excavating a trough, placing the
carcass in the trench, and covering the carcass with the excavated
material. The burial disposal option depends on the availability of
appropriate excavation equipment but may be limited by potential
environmental damage (e.g., destruction of dunes, beach grass, or
nesting sites) caused by the transportation and operation of excavation
equipment. While burial may be a cost-effective option for carcass
disposal, it may not necessarily eliminate disease agents and disease
transmission vectors that may be present, consequently posing a
potential risk to human health and animal health.

C. Incineration

    The incineration option for carcass disposal, which includes both
open-air burning and fixed-facility incineration, offers an advantage
in terms of pathogen destruction. However, due to the high water
content of marine mammal carcasses, incineration costs may limit this
option to small carcasses. While open-air burning of carcasses may
yield a relatively benign ash, the amount of particulate matter and
pyrogenic compounds released to the atmosphere by open-air burning may
be significant and may require authorization (or may be prohibited)
under state or local air pollution control laws. Additionally, the EPA
presumes that open-air burning may require the use of hydrocarbon
fuels, which could result in contamination of the underlying soil.
Fixed-facility incinerators, which include small and large incineration
facilities, crematoria, and power plant incinerators, offer the
advantage of being regulated facilities that meet local and/or federal
emission standards; however, the use of the fixed-facility option
depends upon the transportability of the carcass.

D. Ocean Disposal

    Sometimes, the only available carcass disposal option is towing to
sea for ocean disposal. Ocean disposal may be appropriate after
consideration and exhaustion of land-based alternatives, provided that
an acceptable ocean dumping site can be identified, for example, where
the release point is sufficiently far offshore that currents and winds
are not expected to return the carcass to shore, and the carcass is not
expected to pose a hazard to navigation. Positive buoyancy of the
carcass may occur, depending on the time elapsed, due to the natural
progression of the decomposition process. Consequently, appropriate
carcass preparation (e.g., attachment of weights) may be necessary if
the carcass must be sunk, rather than released, at the ocean disposal
site so that the carcass will not return to shore or pose a hazard to
navigation.

VI. Potential Consequences of Marine Mammal Carcass Disposal in the
Ocean

    Most deep-sea benthic ecosystems are organic-carbon limited and, in
many cases, are dependent upon organic matter from surface waters. A
sunken carcass provides a large load of organic carbon to the sea
floor. These local enrichments of the sea floor result in the
establishment of specialized assemblages. Large organic falls occur
naturally on the sea floor. Over 20 macro faunal species are known to
exclusively inhabit the microenvironment formed by large organic falls
and over 30 other macro faunal species are known to inhabit these
sites.
    The deep-sea benthic ecosystem response to whale falls has been the
subject of scientific study and several stages of succession have been
observed in the assemblages. The duration of these stages varies
greatly with carcass size. The first stage is marked by the formation
of bathyal scavenger assemblages that include hagfishes, sleeper
sharks, crabs, and amphipods. During the second stage, sediments
surrounding the carcass, which have become enriched with organic
carbon, become colonized by high densities of worms (e.g.,
Dorvilleidae, Chrysopetalidae). Once the consumption of soft tissue is
complete, decomposition proceeds dominantly via anaerobic microbial
digestion of bone lipids. The efflux of sulfides from the bones may,
depending upon the size of the skeleton, provide for the formation of
chemoautotrophic assemblages, which is the third stage of succession.
These chemoautotrophic assemblages consist of organisms such as
heterotrophic bacteria, mussels, snails, worms, limpets, and amphipods.
    Considering the available scientific information on organic falls,
the EPA finds that the potential effects of carcass disposal are
minimal for the following reasons: (1) Except for happenstance,
cetacean and pinniped carcasses would sink to the ocean floor rather
than wash ashore; (2) the formation of an organic fall is a naturally
occurring phenomenon with no known adverse environmental impacts; and
(3) towing or other transportation of a carcass to sea for ocean
disposal, when other disposal options are not viable, presents a
minimal perturbation to a naturally occurring phenomenon.
    The EPA's findings are consistent with the statutory considerations
applicable to permit issuance under the MPRSA because: The general
permit requires consideration of land-based alternatives; carcass
disposal will not significantly affect human health, fisheries
resources, or marine ecosystems; and carcass disposal will not result
in permanent adverse effects.

VII. Regulatory Background

    MPRSA Section 102(a)(1), 33 U.S.C. 1412(a)(1), requires a permit
for any person to transport any material from the United States for the
purpose of dumping into ocean waters; Section 102(a)(2) requires that
agencies or instrumentalities of the United States

obtain a permit in order to transport any material from any location
for the purpose of ocean dumping. MPRSA Section 104(c), 33 U.S.C.
1414(c), and the EPA regulations at 40 CFR 220.3(a) authorize the
issuance of a general permit under the MPRSA for the dumping of
materials which have a minimal adverse environmental impact and are
generally disposed of in small quantities. The towing (or other
transportation) of a marine mammal carcass by any person for disposal
at sea constitutes transportation of material for the purpose of
dumping in ocean waters, and thus is subject to the MPRSA. Because the
material to be disposed will consist of the carcass or carcasses, there
will be no materials present that are prohibited by 40 CFR 227.5.

VIII. Consideration of Alaskan Natives Engaged in Subsistence Uses

    The general permit includes specific considerations that apply to
Alaskan Native persons engaged in subsistence uses. For purposes of
this general permit, EPA intends the term ``Alaskan Native'' to be
based on the statutory term defined at 16 U.S.C. 1371(b) that refers to
``any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on
the coast of the North Pacific Ocean or the Arctic Ocean'' who takes a
marine mammal for subsistence purposes or for purposes of creating and
selling authentic native articles of handicrafts and clothing and
provided such taking is not in a wasteful manner.
    The general permit authorizes ocean disposal of marine mammal
carcasses by an Alaskan Native engaged in subsistence uses for two
reasons. First, marine mammals are comparatively abundant and widely
distributed throughout coastal Alaska, and Alaskan Natives depend upon
these natural resources for many customary and traditional uses.
Collectively, these customary and traditional uses (e.g., food,
clothing) are referred to as ``subsistence uses.'' Alaskan Native
subsistence uses of marine mammals have been ongoing for thousands of
years. More recently, the United States has recognized the importance
of subsistence uses of marine mammals by Alaskan Natives through
enactment of the MMPA, which expressly exempts Alaskan Natives engaged
in subsistence uses from the general prohibition on ``taking'' marine
mammals under certain circumstances (16 U.S.C. 1371(b)). The MPRSA, by
comparison, does not include a similar exemption for the transport and
disposal in ocean waters by Alaskan Natives when marine mammal
carcasses (or parts thereof) have no further use for subsistence
purposes. The general permit accommodates the absence of a similar
exemption by facilitating authorization of ocean disposal of marine
mammals by Alaskan Natives.
    Second, many coastal communities of Alaskan Natives engaged in
subsistence uses are in remote locations and thus face a time-critical
public safety issue, for example, when a marine mammal carcass washes
ashore near a village or town, or a marine mammal is harvested or
salvaged and the carcass is hauled ashore near a village or town. Such
carcasses may attract bears or other scavenger animals, which may
increase the risk of human injury or mortality. For these reasons, it
would be prudent to expedite the removal and, if necessary, ocean
disposal of such carcasses as soon as practical.
    With these considerations in mind, EPA's intent in developing the
Alaskan Native-specific permit conditions (see Section B) is, to the
maximum extent allowable, to avoid unnecessary interference with long-
standing subsistence uses and traditional cultural practices, and to
recognize the unique circumstances faced by Alaskan Natives engaged in
subsistence uses. In issuing this general permit, the EPA does not
intend to change, alter or otherwise affect subsistence uses of marine
mammals by Alaskan Natives engaged in subsistence uses. Section B sets
forth requirements designed to address these considerations while also
complying with the MPRSA and the EPA's accompanying regulations at 40
CFR Subchapter H. The primary differences between Sections A and B
relate to federal agency concurrence, distance from land requirements
for ocean disposal, and reporting requirements.
    To further clarify, the general permit does not in any way require
ocean disposal of marine mammal carcasses; it merely authorizes ocean
disposal of marine mammal carcasses when there is a need for such
disposals. Additionally, the general permit is not intended to and does
not regulate: Any subsistence activities of Alaskan Natives, including
hunting, harvesting, salvaging, hauling, dressing, butchering,
distribution and consumption of marine mammals (or any other species
used for subsistence purposes); the transportation and dumping of
marine mammal carcasses on land, such as in whale boneyards or in
inland waters (i.e., waters that are landward of the baseline of the
territorial sea, such as rivers, lakes and certain enclosed bays or
harbors); or leaving marine mammal carcasses to decompose in place on
sea ice (or in a hole or lead in the sea ice), where there is no
transportation by vessel or other vehicle for the purpose of ocean
disposal. The purpose of this general permit is to expedite required
authorizations that EPA otherwise currently manages through the
issuance of an emergency permit for the ocean disposal of marine mammal
carcasses.

IX. Discussion

    Considering the information presented in the previous section, the
EPA determines that the potential adverse environmental impacts of
marine mammal carcass disposal at sea are minimal and that marine
mammal carcasses often must be disposed of in emergency situations to
mitigate threats to public safety (e.g., recreational uses in nearby
waters) as well as risks of navigation hazards. As such, issuance of a
general permit is appropriate under the MPRSA.
    Authorization under Section A of the general permit is available to
federal, state, and local government officials and employees acting in
the course of official duties and to MMHSRP Stranding Agreement
Holders. Section A authorizes such persons to transport and dispose of
marine mammal carcasses in ocean waters. Section A requires that each
such general permittee consult with the MMHSRP of NMFS--and recommends
that each such general permittee consults with the applicable USCG
District Office--prior to initiating any ocean disposal activities with
respect to a marine mammal carcass. General permittees authorized under
Section A must consult with and obtain concurrence from the applicable
EPA Regional Office on selection of a disposal site, which must be
seaward of the three mile territorial sea lines demarcated on nautical
charts, and submit a report to the applicable EPA Regional Office on
the ocean disposal activities.
    Alaskan Natives engaged in subsistence uses are not required to,
but may, transport and dispose of marine mammal carcasses in ocean
waters. When disposal in ocean waters is the selected disposal
approach, Section B of the general permit authorizes any Alaskan Native
engaged in subsistence uses to transport and dispose of a marine mammal
carcass in ocean waters. Under Section B, the Alaskan Native general
permittee selects an ocean disposal site sufficiently far offshore so
that currents and winds are not expected to return the carcass to shore
and the carcass is not expected to pose a hazard to navigation and
afterwards submits an annual report to EPA Region 10 on ocean disposal
activities conducted in the prior

calendar year. Section B does not require a statement of need for
selecting ocean disposal nor does it specify a distance requirement.
The State of Alaska has waived certification under Clean Water Act
Section 401 for the Section B authorization.

X. Response to Comments Received

    The EPA received seven comments during the public comment period.
The EPA agrees with several of the recommendations received via the
public comment process. As a consequence, the EPA has made several
changes to the general permit.
    In response to comments, the EPA added language to the General
Information section to clarify that the general permit does not require
ocean disposal of marine mammal carcasses. In addition, the EPA revised
the requirements of Section A(2) regarding concurrence on the ocean
disposal site. Because the presence of a marine mammal carcass near
human habitation or recreation areas may pose a time-critical public
safety issue, the requirement to obtain concurrences from multiple
agencies might unnecessarily delay the disposal. In response to
comments and in order to expedite ocean disposals in time-critical
public safety situations, the general permittee authorized under
Section A need only obtain concurrences from the appropriate EPA
Regional Office and such concurrence may initially be provided via
telephone. Finally, the EPA revised the reporting requirements of
Section B applicable to Alaskan Natives engaged in subsistence uses.
Under revisions to Section B, an Alaskan Native permittee may provide
reports to EPA Region 10 on an annual basis. The EPA's intention
regarding annual reporting for Section B permittees is to mitigate any
potential burden on Alaskan Natives engaged in subsistence uses who may
dispose of marine mammal carcasses in the ocean.

XI. Statutory and Executive Order Reviews

A. Paperwork Reduction Act

    The information collections under this general permit are covered
under the MPRSA Information Collection Request (ICR) that has been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act. The ICR document that the EPA
prepared for all of MPRSA activities has been assigned EPA ICR number
0824.06.
    Section 104(e) of the MPRSA authorizes the EPA to collect
information to ensure that ocean dumping is appropriately regulated and
will not harm human health or the marine environment, based on applying
the Ocean Dumping Criteria. To meet United States' reporting obligation
under the London Convention, the EPA also reports some of this
information in the annual United States Ocean Dumping Report, which is
sent to the International Maritime Organization.
    Respondents/affected entities: Any officer, employee, agent,
department, agency, or instrumentality of federal, state, tribal, or
local unit of government, as well as any MMHSRP Stranding Agreement
Holder, and any Alaskan Native engaged in subsistence uses who disposes
of a marine mammal carcass in ocean waters will be affected by the
general permit. Under this general permit, respondents do not need to
request permit authorization because the general permit already
authorizes ocean disposal of a marine mammal carcass by an eligible
person.
    Respondent's obligation to respond: Pursuant to 40 CFR 221.1-221.2,
the EPA requires all ocean dumping permittees to supply specified
reporting information.

B. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action has tribal implications. However, the general permit
will neither impose substantial direct compliance costs on federally
recognized tribal governments, nor preempt tribal law. The general
permit has tribal implications because it may affect traditional
practices of some tribes.

    Dated: November 23, 2016.
Marcus Zobrist,
Acting Director, Oceans and Coastal Protection Division, Office of
Wetlands, Oceans and Watersheds, Office of Water, Environmental
Protection Agency.

General Permit for Ocean Disposal of Marine Mammal Carcasses

A. General Requirements for Governmental Entities and Stranding
Agreement Holders

    Except as provided in Section B below, any officer, employee,
agent, department, agency, or instrumentality of federal, state,
tribal, or local unit of government, and any MMHSRP Stranding Agreement
Holder, is hereby granted a general permit to transport and dispose of
marine mammal carcasses in ocean waters subject to the following
conditions:
    1. The permittee shall consult with the MMHSRP of NMFS prior to
initiating any disposal activities. A fact sheet containing points of
contact at MMHSRP is available at http://www.epa.gov/ocean-dumping/ocean-disposal-marine-mammal-carcasses.
    2. A disposal site must be seaward of the three mile territorial
sea demarcated on nautical charts. The permittee shall consult with and
obtain written concurrence (via email or letter) from the applicable
EPA Regional Office on ocean disposal site selection. Because the
presence of a marine mammal carcass near human habitation or recreation
areas may pose a time-critical public safety issue, the permittee may
obtain concurrence via telephone from the applicable EPA Regional
Office provided that the permittee subsequently obtains written
concurrence (via email or letter). A fact sheet containing points of
contact at EPA is available at http://www.epa.gov/ocean-dumping/ocean-disposal-marine-mammal-carcasses.
    3. If a determination is made that the carcass must be sunk, rather
than released at the disposal site, the transportation and disposal of
materials necessary to ensure the sinking of the carcass are also
authorized for ocean dumping under this general permit. When materials
are to be used to sink the carcass, the permittee must first consult
with and obtain written concurrence (via email or letter) from the
applicable EPA Regional Office on the selection of materials. Any
materials described in 40 CFR 227.5 (prohibited materials) or 40 CFR
227.6 (constituents prohibited as other than trace amounts) shall not
be used. The transportation and dumping of any materials other than the
materials necessary to ensure the sinking of the carcass are not
authorized under this general permit and constitute a violation of the
MPRSA. Because the presence of a marine mammal carcass near human
habitation or recreation areas may pose a time-critical public safety
issue, the permittee may obtain concurrence via telephone from the
applicable EPA Regional Office provided that the permittee subsequently
obtains written concurrence (via email or letter).
    4. The permittee shall submit a report on the ocean disposal
activities authorized by this general permit to the applicable EPA
Regional Office within 30 days after carcass disposal. This report
shall include:
    a. A description of the carcass(es) disposed;
    b. The date and time of the disposal as well as the latitude and
longitude of the disposal site. Latitude and longitude of the disposal
site shall be reported at the highest degree of accuracy available on
board the vessel or vehicle that

transported the carcass (e.g., onboard geographic position system
technology);
    c. The name, title, affiliation, and contact information of the
person in charge of the disposal operation and the person in charge of
the vessel or vehicle that transported the carcass (if different than
the person in charge of the disposal);
    d. A statement of need and rationale for selecting ocean disposal
rather than other disposal options; and
    5. The permittee shall immediately notify EPA of any violation of
any condition of this general permit.

B. Requirements for any Alaskan Native Engaged in Subsistence Uses

    Notwithstanding Section A, any Alaskan Native engaged in
subsistence uses is hereby granted a general permit to transport and
dispose of marine mammal carcasses in ocean waters subject to the
following conditions:
    1. The permittee shall submit a report (via email or letter) on all
disposal activities authorized by this general permit that the
permittee has conducted in the prior calendar year. Reports shall be
submitted to EPA Region 10 within 30 days of the end of the calendar
year. A fact sheet containing contact information for EPA Region 10 is
available at http://www.epa.gov/ocean-dumping/ocean-disposal-marine-mammal-carcasses. This report shall include:
    a. The number and type of carcasses disposed;
    b. A description of the general vicinity in which the carcasses
were disposed; and
    c. The name and contact information of the permittee.
    2. Where ocean disposal is the selected approach, marine mammal
carcasses must be towed or otherwise transported to a site offshore
where, based on available information, which may include local or
traditional knowledge, currents and winds are not expected to return
the carcass to shore and the carcass is not expected to pose a hazard
to navigation.

[FR Doc. 2016-29250 Filed 12-5-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50527-50528]
[FR Doc No: 2019-20701]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87025; File No. SR-NYSEAMER-2019-37]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Related to the Market-Wide Circuit Breaker in Rule 7.12E

September 19, 2019.
    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 September 17, 2019, NYSE American LLC (``NYSE American''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II 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 Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot related to the market-
wide circuit breaker in Rule 7.12E. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Rule 7.12E provides a methodology for determining when to halt
trading in all stocks due to extraordinary market volatility (i.e.,
market-wide circuit breakers). The market-wide circuit breaker
(``MWCB'') mechanism under Rule 7.12E was approved by the Commission to
operate on a pilot basis,\4\ the term of which was to coincide with the
pilot period for the Plan to Address Extraordinary Market Volatility
Pursuant to Rule 608 of Regulation NMS (the ``LULD Plan''),\5\
including any extensions to the pilot period for the LULD Plan.\6\ The
Commission recently approved an amendment to the LULD Plan for it to
operate on a permanent, rather than pilot, basis.\7\ In light of the
proposal to make the LULD Plan permanent, the Exchange amended Rule
7.12E to untie the pilot's effectiveness from that of the LULD Plan and
to extend the pilot's effectiveness to the close of business on October
18, 2019.\8\
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    \4\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-NYSEAmex-2011-73).
    \5\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012). The LULD Plan provides a
mechanism to address extraordinary market volatility in individual
securities.
    \6\ See Securities Exchange Act Release Nos. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-NYSEAmex-2011-73) (Approval
Order); and 68787 (January 31, 2013), 78 FR 8615 (February 6, 2013)
(SR-NYSEMKT-2013-08) (Notice of Filing and Immediate Effectiveness
of Proposed Rule Change Delaying the Operative Date of a Rule Change
to Exchange Rule 80B-Equities).
    \7\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019).
    \8\ See Securities Exchange Act Release No. 85564 (April 9,
2019), 84 FR 15269 (April 15, 2019) (SR-NYSEAMER-2019-14).
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    The Exchange now proposes to amend Rule 7.12E to extend the pilot
to the close of business on October 18, 2020. This filing does not
propose any substantive or additional changes to Rule 7.12E. The
Exchange will use the extension period to develop with the other SROs
rules and procedures that would allow for the periodic testing of the
performance of the MWCB mechanism, with industry member participation
in such testing. The extension will also permit the exchanges to
consider enhancements to the MWCB processes such as modifications to
the Level 3 process.
    The market-wide circuit breaker under Rule 7.12E provides an
important, automatic mechanism that is invoked to promote stability and
investor confidence during a period of significant stress when
securities markets experience extreme broad-based declines. All U.S.
equity exchanges and FINRA adopted uniform rules on a pilot basis
relating to market-wide circuit breakers in 2012 (``MWCB Rules''),
which are designed to slow the effects of extreme price movement
through coordinated trading halts across securities markets when severe
price declines reach levels that may exhaust market liquidity.\9\
Market-wide circuit breakers provide for trading halts in all equities
and options markets during a severe market decline as measured by a
single-day decline in the S&P 500 Index.
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    \9\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-BATS-2011-038; SR-BYX-2011-
025; SR-BX-2011-068; SR-CBOE-2011-087; SR-C2-2011-024; SR-CHX-2011-
30; SR-EDGA-2011-31; SR-EDGX-2011-30; SR-FINRA-2011-054; SR-ISE-
2011-61; SR-NASDAQ-2011-131; SR-NSX-2011-11; SR-NYSE-2011-48; SR-
NYSEAmex-2011-73; SR-NYSEArca-2011-68; SR-Phlx-2011-129) (``MWCB
Approval Order'').
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    Pursuant to Rule 7.12E, a market-wide trading halt will be
triggered if the S&P 500 Index declines in price by specified
percentages from the prior day's closing price of that index.
Currently, the triggers are set at three circuit breaker thresholds: 7%
(Level 1), 13% (Level 2), and 20% (Level 3). A market decline that
triggers a Level 1 or Level 2 halt after 9:30 a.m. ET and before 3:25
p.m. ET would halt market-wide trading for 15 minutes, while a similar
market decline at or after 3:25 p.m. ET would not halt market-wide
trading. A market decline that triggers a Level 3 halt, at any time
during the trading day, would halt market-wide trading until the
primary listing market opens the next trading day.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b)

of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. The market-wide circuit breaker mechanism under Rule 7.12E is
an important, automatic mechanism that is invoked to promote stability
and investor confidence during a period of significant stress when
securities markets experience extreme broad-based declines. Extending
the market-wide circuit breaker pilot for an additional year would
ensure the continued, uninterrupted operation of a consistent mechanism
to halt trading across the U.S. markets while the Exchange, with the
other SROs, consider and develop rules and procedures that would allow
for the periodic testing of the performance of the MWCB mechanism,
which would include industry member participation in such testing. The
extension will also permit the exchanges to consider enhancements to
the MWCB processes such as modifications to the Level 3 process.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The Exchange also believes that the proposed rule change promotes
just and equitable principles of trade in that it promotes transparency
and uniformity across markets concerning when and how to halt trading
in all stocks as a result of extraordinary market volatility. Based on
the foregoing, the Exchange believes the benefits to market
participants from the MWCB under Rule 7.12E should continue on a pilot
basis because the MWCB will promote fair and orderly markets, and
protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act because the proposal would
ensure the continued, uninterrupted operation of a consistent mechanism
to halt trading across the U.S. markets while the Exchange, in
conjunction with the other SROs, consider and develop rules and
procedures that would allow for the periodic testing of the performance
of the MWCB mechanism. Furthermore, as noted above, the extension will
permit the exchanges to consider enhancements to the MWCB processes
such as modifications to the Level 3 process.
    Further, the Exchange understands that FINRA and other national
securities exchanges will file proposals to extend their rules
regarding the market-wide circuit breaker pilot. Thus, the proposed
rule change will help to ensure consistency across market centers
without implicating any competitive issues.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAMER-2019-37 on the subject line.

Paper Comments

     Send paper comments in triplicate to: Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.
    All submissions should refer to File Number SR-NYSEAMER-2019-37.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549 on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEAMER-2019-37 and should
be submitted on or before October 16, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20701 Filed 9-24-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3839-3840]
[DOCID:fr26ja07-105]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Transfer of License, and Soliciting
Comments, Motions To Intervene, and Protests

January 18, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of License.
    b. Project No.: 6641-068.
    c. Date Filed: December 21, 2006.
    d. Applicants: Smithland Hydroelectric Partner, Ltd and the City of
Marion, Ohio (transferors) and American Municipal Power-Ohio
(Transferee).
    e. Name and Location of Project: The Smithland Project is located
on the Smithland Lock and Dam on the Ohio River in Livingston County,
Kentucky.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Applicant Contacts: For the transferor: Donald H. Clarke, Law
Offices of GKRSE, 1500 K Street, NW., Washington, DC 20005, (202) 408-
5400.
    For the transferee: Michael Swiger, Van Ness Feldman, PC, 1050
Thomas Jefferson Street, NW., Washington, DC 20007,<PHONE_NUMBER>.
    h. FERC Contact: Robert Bell at<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: February 2, 2007.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the Project
Number on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing a document with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the documents on that resource agency.
    j. Description of Application: Applicants seek Commission approval
to transfer the license for the Smithland Project from Smithland
Hydroelectric Partner, Ltd and the City of Marion, Ohio to American
Municipal Power-Ohio.
    k. This filing 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

(P-6641-068) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and

reproduction at the addresses in item g above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    n. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and eight
copies to: The Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. A copy of any motion to
intervene must also be served upon each representative of the
Applicants specified in the particular application.
    o. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicants.
If an agency does not file comments within the time specified for
filing comments, it will be presumed to have no comments. One copy of
an agency's comments must also be sent to the Applicants'
representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E7-1166 Filed 1-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Notices]
[Page 37750]
[FR Doc No: 2021-15156]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP21-961-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: GT&C Section 50--PTR
Replacement on ICTS to be effective 8/8/2021.
    Filed Date: 7/8/21.
    Accession Number: 20210708-5060.
    Comments Due: 5 p.m. ET 7/20/21.

    Docket Numbers: RP21-962-000.
    Applicants: Eastern Gas Transmission and Storage, Inc.
    Description: Sec.  4(d) Rate Filing: EGTS--July 8, 2021
Administrative Changes to be effective 8/9/2021.
    Filed Date: 7/8/21.
    Accession Number: 20210708-5062.
    Comments Due: 5 p.m. ET 7/20/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 12, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-15156 Filed 7-15-21; 8:45 am]
BILLING CODE 6717-01-P