[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8986-8987]
[FR Doc No: 2021-02767]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

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

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before March 12, 2021.

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

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 4, 2021.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                   Applicant        Regulation(s) affected        permits thereof
----------------------------------------------------------------------------------------------------------------
21170-N............................  Westwind Helicopters,   172.101 Column (9B)...  To authorize the
                                      Inc.                                            transportation in commerce
                                                                                of certain hazardous
                                                                                materials by cargo-only
                                                                                aircraft in quantities
                                                                                that exceed the limitation
                                                                                in Column (9B) of the
                                                                                172.101 Table. (mode 4).
21171-N............................  HDT Expeditionary       172.101 Column (9B)...  To authorize the
                                      Systems, Inc.                                   transportation in commerce
                                                                                of lithium batteries
                                                                                exceeding 35 kg by cargo-
                                                                                only aircraft. (mode 4).
21172-N............................  North Carolina          172.300, 173.196,       To authorize one-time
                                      Department of           173.199, 173.201,       transportation by highway
                                      Agriculture &           173.202, 173.203,       of certain biological and
                                      Consumer Services.      173.211, 173.212,       infectious substances,
                                                              173.213.                dilute pesticide solutions
                                                                                and small quantities of
                                                                                laboratory reference
                                                                                standard materials from
                                                                                two adjacent facilities to
                                                                                newly constructed
                                                                                facility. (mode 1).
21174-N............................  LG Energy Solution,     172.101(j)............  To authorize the
                                      Ltd.                                            transportation in commerce
                                                                                of lithium batteries
                                                                                exceeding 35 kg by cargo-
                                                                                only aircraft. (mode 4).
21178-N............................  Meggitt Safety          173.302(a)(1).........  To authorize the
                                      Systems, Inc.                                   manufacture, mark, sale,
                                                                                and use of non-DOT
                                                                                specification small, high
                                                                                pressure cylinders of
                                                                                welded construction
                                                                                similar to a DOT 3HT.
                                                                                (modes 1, 2, 3, 4).
21179-N............................  Airgas USA, LLC.......  172.203(a),             To authorize the
                                                              172.301(c),             transportation in commerce
                                                              180.205(f),             of DOT-3AA specification
                                                              180.205(g)(1),          cylinders that are
                                                              180.209(a),             requalified every fifteen
                                                              180.213(f)(2).          (15) years rather than
                                                                                every ten (10) years using
                                                                                100% ultrasonic
                                                                                examination (UE) and are
                                                                                equipped with a Type 1
                                                                                Residual Pressure Valve
                                                                                (RPV). (modes 1, 2, 3, 4,
                                                                                5).
21180-N............................  Norse Flight, Inc.....  172.101(j), 173.242,    To authorize the
                                                              173.243, 173.27.        transportation in commerce
                                                                                of certain Class 3
                                                                                hazardous materials by
                                                                                cargo-only aircraft in non-
                                                                                specification bulk
                                                                                packagings in quantities
                                                                                that exceed the authorized
                                                                                quantity limitations to
                                                                                remote areas of Alaska.
                                                                                (mode 4).
21181-N............................  Terracycle Regulated    172.102(c), 172.200,    To authorize the
                                      Waste LLC.              172.300, 172.400,       manufacture, marking, sale
                                                              173.159a(c)(2),         and use of non-DOT
                                                              173.185(c)(1)(iii),     specification fiberboard
                                                              173.185(c)(1)(iv),      boxes for the
                                                              173.185(c)(1)(v),       transportation in commerce
                                                              173.185(c)(3).          of certain batteries
                                                                                without shipping papers,
                                                                                marking of the proper
                                                                                shipping name and
                                                                                identification number or
                                                                                labeling, when transported
                                                                                for recycling or disposal.
                                                                                (modes 1, 2).
21182-N............................  LG Energy Solution,     172.101(j)............  To authorize the
                                      Ltd.                                            transportation in commerce
                                                                                of lithium batteries
                                                                                exceeding 35 kg by cargo-
                                                                                only aircraft. (mode 4).
21183-N............................  Lynden Air Cargo, LLC.  172.101 Column (9B),    To authorize the
                                                              172.204(c)(3),          transportation in commerce
                                                              173.27(b)(2),           of Division 1.1, 1.2, 1.3,
                                                              173.27(b)(3),           and 1.4 explosives that
                                                              175.30(a)(1).           are forbidden for
                                                                                transportation aboard
                                                                                aircraft or are in excess
                                                                                of the quantity
                                                                                limitations in Column 9B
                                                                                of the 172.101 HMT via
                                                                                cargo-only aircraft. (mode
                                                                                4).
21184-N............................  Arkema Inc............  177.834(h)............  To authorize the
                                                                                transportation in commerce
                                                                                of organic peroxide Type F
                                                                                material in UN IBCs
                                                                                without unloading the
                                                                                package from the vehicle
                                                                                prior to discharge. (mode
                                                                                1).
21185-N............................  Hach Company..........  172.102(b)(4),          To authorization the
                                                              173.36(a).              transportation in commerce
                                                                                of certain PG II corrosive
                                                                                materials in UN 50H
                                                                                packagings. (mode 1).

21186-N............................  Cryogenic Industrial    172.203(a),             To authorize the repair of
                                      Solutions LLC.          172.301(c),             certain DOT 4L cylinders
                                                              180.211(c)(2)(i).       without requiring pressure
                                                                                testing. (modes 1, 2, 3,
                                                                                4, 5).
21187-N............................  Enerdel, Inc..........  172.101(j)............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium ion batteries
                                                                                exceeding 35 kg by cargo-
                                                                                only aircraft. (mode 4).
21189-N............................  Veolia ES Technical     173.21(b), 173.51,      To authorize the one-time,
                                      Solutions, LLC.         173.54(a), 173.56(b),   one-way transportation in
                                                              173.64, 173.65.         commerce of unapproved
                                                                                fireworks by highway.
                                                                                (mode 1).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-02767 Filed 2-9-21; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register: November 2, 2009 (Volume 74, Number 210)]
[Notices]
[Page 56602]
[DOCID:fr02no09-29]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

October 23, 2009.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER09-88-003.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc on behalf of Southern
Companies submits Fifth Revised Sheet No. 1 et al. to FERC Electric
Tariff, Second Revised Volume No. 4.
    Filed Date: 10/19/2009.
    Accession Number: 20091022-0292.
    Comment Date: 5 p.m. Eastern Time on Monday, November 9, 2009.

    Docket Numbers: ER09-1270-002; ER09-1269-002.
    Applicants: Escondido Energy Center, LLC, Chula Vista Energy
Center, LLC.
    Description: Notice of Change in Status of Escondido Energy Center,
LLC, and Chula Vista Energy Center, LLC.
    Filed Date: 10/23/2009.
    Accession Number: 20091023-5026.
    Comment Date: 5 p.m. Eastern Time on Friday, November 13, 2009.

    Docket Numbers: ER09-1739-001.
    Applicants: ResCom Energy LLC.
    Description: ResCom Energy, LLC submits a Petition for Acceptance
of Initial Rate Schedule, Waivers and Blanket Authority.
    Filed Date: 10/20/2009.
    Accession Number: 20091022-0293.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 28, 2009.

    Docket Numbers: ER10-75-000; ER10-87-000.
    Applicants: Gibson Dunn for John Deere; Tuana Springs Energy, LLC.
    Description: Tuana Springs Energy, LLC et al. submits revised
tariff, to FERC Electric Tariff, Original Volume 1.
    Filed Date: 10/22/2009.
    Accession Number: 20091023-0033.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 12, 2009.

    Docket Numbers: ER10-82-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits revisions to PJM's
Section 7.1A, et al.
    Filed Date: 10/21/2009.
    Accession Number: 20091021-0040.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 12, 2009.

    Docket Numbers: ER10-86-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed improvements and clarifications to the Module E
portion of its tariff.
    Filed Date: 10/20/2009.
    Accession Number: 20091022-0294.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 10, 2009.

    Docket Numbers: ER10-91-000.
    Applicants: American Electric Power Service Corporation.
    Description: Ohio Power Co et al. submits twentieth Interconnection
and Local delivery Service Agreement with Buckeye Power, Inc.
    Filed Date: 10/22/2009.
    Accession Number: 20091023-0031.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 12, 2009.

    Docket Numbers: ER10-92-000; ER03-774-014.
    Applicants: EDF Trading North America, LLC.
    Description: EDG Trading North America, LLC submits Notice of Name
Change and Succession and Notice of Change in Status.
    Filed Date: 10/22/2009.
    Accession Number: 20091023-0030.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 12, 2009.

    Docket Numbers: ER10-93-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits an executed
interconnection service agreement with American Municipal Power, Inc.
    Filed Date: 10/22/2009.
    Accession Number: 20091023-0028.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 12, 2009.

    Docket Numbers: ER10-94-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sierra Pacific Power Co submits revisions to Exhibit F
of the General Transfer Agreement with Bonneville Power Administration.
    Filed Date: 10/23/2009.
    Accession Number: 20091023-0029.
    Comment Date: 5 p.m. Eastern Time on Friday, November 13, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-26250 Filed 10-30-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Page 68798]
[FR Doc No: 2012-27884]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3353-EM; Docket ID FEMA-2011-0001]

Connecticut; Emergency 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 an
emergency for the State of Connecticut (FEMA-3353-EM), dated October
28, 2012, and related determinations.

DATES: Effective Date: October 28, 2012.

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 28, 2012, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in the State of
Connecticut resulting from Hurricane Sandy beginning on October 27,
2012, and continuing, are of sufficient severity and magnitude to
warrant an emergency 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 an emergency
exists in the State of Connecticut.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. 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 emergency
assistance and administrative expenses.
    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, Department
of Homeland Security, under Executive Order 12148, as amended, Albert
Lewis, of FEMA is appointed to act as the Federal Coordinating Officer
for this declared emergency.
    The following areas of the State of Connecticut have been
designated as adversely affected by this declared emergency:

    All counties in the State of Connecticut for emergency
protective measures (Category B), limited to direct federal
assistance, under the Public Assistance 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. 2012-27884 Filed 11-15-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38762-38764]
[FR Doc No: 2013-15344]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69814; File No. SR-NYSEMKT-2013-53]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending NYSE MKT Rule
500--Equities To Extend the Operation of the Pilot Program That Allows
Nasdaq Stock Market Securities To Be Traded on the Exchange Pursuant to
a Grant of Unlisted Trading Privileges Until the Earlier of Securities
and Exchange Commission Approval To Make Such Pilot Permanent or
January 31, 2014

June 20, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 17, 2013, NYSE MKT LLC (``NYSE MKT'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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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 proposes to amend NYSE MKT Rule 500--
Equities to extend the operation of the pilot program that allows
Nasdaq Stock Market (``Nasdaq'') securities to be traded on the
Exchange pursuant to a grant of unlisted trading privileges. The pilot
is currently scheduled to expire on July 31, 2013; the Exchange
proposes to extend it until the earlier of Securities and Exchange
Commission (``Commission'') approval to make such pilot permanent or
January 31, 2014. The text of the proposed rule change is available on
the Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NYSE MKT Rules 500-525--Equities, as a pilot program, govern the
trading of any Nasdaq-listed security on the Exchange pursuant to
unlisted trading privileges (``UTP Pilot Program'').\4\ The Exchange
hereby seeks to extend the operation of the UTP Pilot Program,
currently scheduled to expire on July 31, 2013, until the earlier of
Commission approval to make such pilot permanent or January 31, 2014.
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    \4\ See Securities Exchange Act Release No. 62479 (July 9,
2010), 75 FR 41264 (July 15, 2010) (SR-NYSEAmex-2010-31). See also
Securities Exchange Act Release Nos. 62857 (September 7, 2010), 75
FR 55837 (September 14, 2010) (SR-NYSEAmex-2010-89); 63601 (December
22, 2010), 75 FR 82117 (December 29, 2010) (SR-NYSEAmex-2010-124);
64746 (June 24, 2011), 76 FR 38446 (June 30, 2011) (SR-NYSEAmex-
2011-45); 66040 (December 23, 2011), 76 FR 82324 (December 30, 2011)
(SR-NYSEAmex-2011-104); 67497 (July 25, 2012), 77 FR 45404 (July 31,
2012) (SR-NYSEMKT-2012-25); and 68561 (January 2, 2013), 78 FR 1290
(January 8, 2013) (SR-NYSEMKT-2012-86).
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    The UTP Pilot Program includes any security listed on Nasdaq that
(i) is designated as an ``eligible security'' under the Joint Self-
Regulatory Organization Plan Governing the Collection, Consolidation
and Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading Privilege
Basis, as amended (``UTP Plan''),\5\ and (ii) has been admitted to
dealings on the Exchange pursuant to a grant of unlisted trading
privileges in accordance with Section 12(f) of the Securities Exchange
Act of 1934, as amended (the ``Act''),\6\ (collectively, ``Nasdaq
Securities'').\7\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 58863 (October 27,
2008), 73 FR 65417 (November 3, 2008) (File No. S7-24-89). The
Exchange's predecessor, the American Stock Exchange LLC, joined the
UTP Plan in 2001. See Securities Exchange Act Release No. 55647
(April 19, 2007), 72 FR 20891 (April 26, 2007) (File No. S7-24-89).
In March 2009, the Exchange changed its name to NYSE Amex LLC, and,
in May 2012, the Exchange subsequently changed its name to NYSE MKT
LLC. See Securities Exchange Act Release Nos. 59575 (March 13,
2009), 74 FR 11803 (March 19, 2009) (SR-NYSEALTR-2009-24) and 67037
(May 21, 2012), 77 FR 31415 (May 25, 2012) (SR-NYSEAmex-2012-32).
    \6\ 15 U.S.C. 78l.
    \7\ ``Nasdaq Securities'' is included within the definition of
``security'' as that term is used in the NYSE MKT Equities Rules.
See NYSE MKT Rule 3--Equities. In accordance with this definition,
Nasdaq Securities are admitted to dealings on the Exchange on an
``issued,'' ``when issued,'' or ``when distributed'' basis. See NYSE
MKT Rule 501--Equities.
---------------------------------------------------------------------------

    The Exchange notes that its New Market Model Pilot (``NMM Pilot''),
which, among other things, eliminated the function of specialists on
the Exchange and created a new category of market participant, the
Designated Market Maker (``DMM''),\8\ is also scheduled to end on July
31, 2013.\9\ The timing of the operation of the UTP Pilot Program was
designed to correspond to that of the NMM Pilot. In approving the UTP
Pilot Program, the Commission acknowledged that the rules relating to
DMM benefits and duties in trading Nasdaq Securities on the Exchange
pursuant to the UTP Pilot Program are consistent with the Act \10\ and
noted the similarity to the NMM Pilot, particularly with respect to DMM
obligations and benefits.\11\ Furthermore, the UTP Pilot Program rules
pertaining to the

assignment of securities to DMMs are substantially similar to the rules
implemented through the NMM Pilot.\12\ The Exchange has similarly filed
to extend the operation of the NMM Pilot until the earlier of
Commission approval to make the NMM Pilot permanent or January 31,
2014.\13\
---------------------------------------------------------------------------

    \8\ See NYSE MKT Rule 103--Equities.
    \9\ See Securities Exchange Act Release No. 60758 (October 1,
2009), 74 FR 51639 (October 7, 2009) (SR-NYSEAmex-2009-65). See also
Securities Exchange Act Release Nos. 61030 (November 19, 2009), 74
FR 62365 (November 27, 2009) (SR-NYSEAmex-2009-83); 61725 (March 17,
2010), 75 FR 14223 (March 24, 2010) (SR-NYSEAmex-2010-28); 62820
(September 1, 2010), 75 FR 54935 (September 9, 2010) (SR-NYSEAmex-
2010-86); 63615 (December 29, 2010), 76 FR 611 (January 5, 2011)
(SR-NYSEAmex-2010-123); 64773 (June 29, 2011), 76 FR 39453 (July 6,
2011) (SR-NYSEAmex-2011-43); 66042 (December 23, 2011), 76 FR 82326
(December 30, 2011) (SR-NYSEAmex-2011-102); 67495 (July 25, 2012),
77 FR 45406 (July 31, 2012) (SR-NYSEMKT-2012-21); and 68559 (January
2, 2013), 78 FR 1286 (January 8, 2013) (SR-NYSEMKT-2012-84).
    \10\ 15 U.S.C. 78.
    \11\ See SR-NYSEAmex-2010-31, supra note 4, at 41271.
    \12\ Id.
    \13\ See SR-NYSEMKT-2013-51.
---------------------------------------------------------------------------

    Extension of the UTP Pilot Program in tandem with the NMM Pilot,
both from July 31, 2013 until the earlier of Commission approval to
make such pilots permanent or January 31, 2014, will provide for the
uninterrupted trading of Nasdaq Securities on the Exchange on a UTP
basis and thus continue to encourage the additional utilization of, and
interaction with, the Exchange, and provide market participants with
improved price discovery, increased liquidity, more competitive quotes
and greater price improvement for Nasdaq Securities.
2. Statutory Basis
    The Exchange believes 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. In particular,
the Exchange believes that its proposal to extend the UTP Pilot Program
is consistent with (i) Section 6(b) of the Act,\14\ in general, and
furthers the objectives of Section 6(b)(5) of the Act,\15\ in
particular, in that it is 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; (ii) Section
11A(a)(1) of the Act,\16\ in that it seeks to ensure the economically
efficient execution of securities transactions and fair competition
among brokers and dealers and among exchange markets; and (iii) Section
12(f) of the Act,\17\ which governs the trading of securities pursuant
to UTP consistent with the maintenance of fair and orderly markets, the
protection of investors and the public interest, and the impact of
extending the existing markets for such securities.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ 15 U.S.C. 78k-1(a)(1).
    \17\ 15 U.S.C. 78l(f).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that extending the UTP Pilot
Program would provide for the uninterrupted trading of Nasdaq
Securities on the Exchange on a UTP basis and thus continue to
encourage the additional utilization of, and interaction with, the
Exchange, thereby providing market participants with additional price
discovery, increased liquidity, more competitive quotes and potentially
greater price improvement for Nasdaq Securities. Additionally, under
the UTP Pilot Program, Nasdaq Securities trade on the Exchange pursuant
to rules governing the trading of Exchange-Listed securities that
previously have been approved by the Commission. Accordingly, this
proposed rule change would permit the Exchange to extend the
effectiveness of the UTP Pilot Program in tandem with the NMM Pilot,
which the Exchange has similarly proposed to extend until the earlier
of Commission approval to make such pilot permanent or January 31,
2014.\18\
---------------------------------------------------------------------------

    \18\ See supra note 13.
---------------------------------------------------------------------------

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 that are not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
extending the UTP Pilot Program will promote competition in the trading
of Nasdaq Securities and thereby provide market participants with
opportunities for improved price discovery, increased liquidity, more
competitive quotes, and greater price improvement.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \19\ and Rule 19b-4(f)(6) thereunder.\20\
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 and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of 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.

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-NYSEMKT-2013-53 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2013-53. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such

filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make publicly available. All submissions should refer to
File Number SR-NYSEMKT-2013-53 and should be submitted on or before
July 18, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-15344 Filed 6-26-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Proposed Rules]
[Pages 35906-35909]
[FR Doc No: 2012-14639]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0431]
RIN 1625-AA00

Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Atlantic Intracoastal Waterway at Oak Island,
North Carolina. The safety zone will temporarily restrict vessel
movement. The safety zone is necessary to provide for the safety of
mariners on navigable waters during maintenance of the NC 133 Fixed
Bridge crossing the Atlantic Intracoastal Waterway, mile 311.8, at Oak
Island, North Carolina.

DATES: Comments and related material must be received by the Coast
Guard on or before July 16, 2012.

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO3 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or

hand delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0431) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0431) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

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

B. Basis and Purpose

    North Carolina Department of Transportation has awarded a contract
to Marine Contracting Corporation of Virginia Beach, Virginia to
perform bridge maintenance on the NC 133 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile 311.8, at Oak Island, North
Carolina. The contract provides for replacing the fender system to
commence on September 12, 2012 with a completion date of December 12,
2012. The contractor will utilize a 140 foot deck barge with a 40 foot
beam as a work platform and for equipment staging. A safety zone is
necessary to provide a safety buffer to transiting vessels as bridge
repairs present potential hazards to mariners and property due to
reduction of horizontal clearance. We believe it is necessary to
require a one hour notification to the work supervisor at the NC 133
Fixed Bridge at the Atlantic Intracoastal Waterway crossing, mile
311.8, Oak Island, North Carolina. The notification requirement would
apply during the maintenance period for vessels requiring a horizontal
clearance of greater than 50 feet.

C. Discussion of Proposed Rule

    The proposed temporary safety zone will encompass the waters
directly under the NC 133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina
(33[deg]55'18'' N/078[deg]04'22'' W). All vessels transiting this
section of the waterway requiring a horizontal clearance of greater
than 50 feet will be required to make a one hour advanced notification
to the work supervisor at the NC 133 Fixed Bridge while the safety zone
is in effect. This zone will be in effect from 8 a.m. September 12,
2012 through 8 p.m. December 12, 2012.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule does not
restrict traffic from transiting a portion of the Atlantic Intracoastal
Waterway, it imposes a one hour notification to ensure the waterway is
clear of impediment to allow passage to vessels requiring a horizontal
clearance of greater than 50 feet.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would affect the following entities,
some of which may be small entities: The owners or operators of
commercial tug and barge companies, recreational and commercial fishing
vessels intending to transit the specified portion of Atlantic
Intracoastal Waterway from 8 a.m. September 12, 2012 through 8 p.m.
December 12, 2012.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to this section of the Atlantic
Intracoastal Waterway, vessel traffic will be able to request passage
by providing a one hour advanced notification. Before the effective
period, the Coast Guard will issue maritime advisories widely available
to the users of the waterway. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the

rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

    2. Add Sec.  165.T05-0431 to read as follows:

Sec.  165.T05-0431  Safety Zone; Atlantic Intracoastal Waterway, Oak
Island, NC.

    (a) Regulated Area. The following area is a safety zone: This zone
includes the waters directly under and 100 yards either side of the NC
133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
311.8, at Oak Island, North Carolina (33[deg]55'18'' N/078[deg]04'22''
W).
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05-0431. In addition the following regulations apply:
    (1) All vessels and persons are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port North
Carolina.
    (2) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the NC 133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina must
contact the work supervisor on VHF-FM marine band radio channels 13 and
16 one hour in advance of intended transit.
    (3) Persons or vessels requiring entry into or passage within the
zone must

request authorization from the Captain of the Port North Carolina or
his designated representative by telephone at<PHONE_NUMBER> or on VHF-
FM marine band radio channel 16.
    (4) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
    (5) The operator of any vessel within or in the immediate vicinity
of this safety zone shall: (i) Stop the vessel immediately upon being
directed to do so by any commissioned, warrant or petty officer on
board a vessel displaying a Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
    (c) Definitions.
    (1) Captain of the Port North Carolina means the Commander, Coast
Guard Sector North Carolina or any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port North Carolina to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from 8 a.m.
September 12, 2012 through 8 p.m. December 12, 2012 unless cancelled
earlier by the Captain of the Port.

    Dated: May 29, 2012.
A. Popiel,
Captain, U.S. Coast Guard Captain of the Port Sector North Carolina.
[FR Doc. 2012-14639 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 27, 2007

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16768

________________________________________________________________________
____________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of SPIRIT AIRLINES, INC. (SPIRIT) filed 12/15/05 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States, on the one hand, and points in
Aruba, the Bahamas, Canada, Costa Rica, Dominican Republic, El Salvador,
Guatemala, Honduras, Jamaica, Nicaragua and Panama, on the other hand.

Applicant rep: Anita M. Mosner<PHONE_NUMBER>     DOT Analyst: Thuy H.
Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: April 27, 2007, through April
27, 2009, or until 90 days after final Department action on Spirit’s
corresponding certificate application in Dockets OST-2003-16767,
whichever occurs earlier.

Action taken by: Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and Aruba, the United States and Canada, the
United States and Costa Rica, the United States and El Salvador, the
United States and Guatemala, the United States and Honduras, the United
States and Jamaica, the United States and Nicaragua, and the United
States and Panama.  The U.S.-Bahamas authority granted is consistent
with either the 1946 Air Transport Agreement between the United States
and the United Kingdom, as amended, to which the Government of the
Bahamas acceded upon its independence, or with the overall state of
aviation relations between the United States and the Bahamas.  The
U.S.-Dominican Republic authority granted is consistent with the
aviation agreement between the United States and the Dominican Republic
of 1986 and the overall state of aviation relations between the United
States and the Dominican Republic.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

   	    XX Standard exemption conditions (attached)

________________________________________________________________________
_____________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 49 CFR Part 1544.  To assure compliance with all
applicable U.S. Government requirements concerning security, the holder
shall, before commencing any new service (including charter flights) to
or from a foreign airport, contact its International Principal Security
Inspector (IPSI) to advise the IPSI of its plans and to find out whether
the Transportation Security Administration has determined that security
is adequate to allow such airport(s) to be served;

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

11/06


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Proposed Rules]
[Pages 24041-24042]
[FR Doc No: 2016-09443]

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

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

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

Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 /
Proposed Rules

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 820

[Docket No. FDA-2016-N-0436]

Refurbishing, Reconditioning, Rebuilding, Remarketing,
Remanufacturing, and Servicing of Medical Devices Performed by Third-
Party Entities and Original Equipment Manufacturers; Extension of
Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or we) is extending the
comment period for the document entitled ``Refurbishing,
Reconditioning, Rebuilding, Remarketing, Remanufacturing, and Servicing
of Medical Devices Performed by Third-Party Entities and Original
Equipment Manufacturers'' that appeared in the Federal Register of
March 4, 2016. In the document, FDA requested comments about the
quality, safety, and continued effectiveness of medical devices that
have been subject to one or more of these activities that are performed
by both original equipment manufacturers (OEM) and third parties,
including health care establishments. The Agency is taking this action
due to the unanticipated high-level of interest from interested
persons.

DATES: FDA is extending the comment period on the document published
March 4, 2016 (81 FR 11477). Submit either electronic or written
comments by June 3, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-N-0436 for ``Refurbishing, Reconditioning, Rebuilding,
Remarketing, Remanufacturing, and Servicing of Medical Devices
Performed by Third-Party Entities and Original Equipment Manufacturers;
Request for Comments.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at http://www.regulations.gov or at the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Valerie Flournoy, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of March 4, 2016, FDA published a document
with a 60-day comment period to request comments on the medical device
industry and healthcare community that refurbish, recondition, rebuild,
remarket, remanufacture, service, and

repair medical devices (hereafter termed ``third-party entity or
entities''), including radiation-emitting devices subject to the
electronic product radiation control (EPRC) provisions of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act). Comments on the service,
maintenance, refurbishment, and alteration of medical devices, by
third-party entities as well as challenges third-party entities face in
maintaining or restoring devices to their original or current
specifications will inform FDA when we hold a public meeting later in
2016 to further engage this segment of the device industry and
healthcare community.
    The Agency has received requests for a 30-day extension of the
comment period for the document. Each request conveyed concern that the
current 60-day comment period does not allow sufficient time to develop
meaningful or thoughtful response to the document on ``Refurbishing,
Reconditioning, Rebuilding, Remarketing, Remanufacturing, and Servicing
of Medical Devices Performed by Third-Party Entities and Original
Equipment Manufacturers.''
    FDA has considered the requests and is extending the comment period
for the document on ``Refurbishing, Reconditioning, Rebuilding,
Remarketing, Remanufacturing, and Servicing of Medical Devices
Performed by Third-Party Entities and Original Equipment
Manufacturers'' for 30 days, until June 3, 2016. The Agency believes
that a 30-day extension allows adequate time for interested persons to
submit comments without significantly delaying future workshop on these
important issues.

    Dated: April 19, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-09443 Filed 4-22-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2241-2243]
[FR Doc No: 2019-01134]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-1085]
RIN 1625-AA09

Notice of Availability of Draft Environmental Assessment for the
Proposed Construction of Railroad Bridges Across Sand Creek and Lake
Pend Oreille at Sandpoint, Bonner County, Idaho.

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for comments; notice of
public meetings.

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

SUMMARY: The United States Coast Guard announces the availability of a
draft Environmental Assessment (EA) in accordance with National
Environmental Policy Act of 1969 (NEPA), as amended, and the National
Historic Preservation Act (NHPA), as amended, for the proposed
construction of railroad bridges across Lake Pend Oreille and Sand
Creek at Sandpoint, Bonner County, Idaho. The proposed bridges will be
built parallel to existing railroad bridges crossing the same
waterbodies. As structures over navigable waters of the United States,
the proposed bridges will require a Coast Guard Bridge Permit. The
Coast Guard is making the draft EA available for public review and
requests public comments. In order to ensure the widest dissemination
possible, the Coast Guard distributed a separate document announcing
this Notice of Availability to a mailing list that includes seasonal
residents and visitors to the Lake Pend Oreille region.

DATES: Comments and related material must be submitted to the online
docket at http://www.regulations.gov or reach the Docket Management
Facility on or before March 25, 2019. See the ``Public Participation
and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION
section for further instructions on submitting comments.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-1085 using the Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or the public meetings, please contact Mr. Steven Fischer, District
Bridge Manager, Thirteenth Coast Guard District, U.S. Coast Guard;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    The BNSF Railway Company (BNSF) has proposed to construct a second
mainline track and associated bridges across Lake Pend Oreille and Sand
Creek parallel to existing BNSF railroad track and bridges in and
around Sandpoint, Bonner County, Idaho (Project). The present single-
track configuration has become a constraint to

efficient rail movement, resulting in congestion on the BNSF main line,
rail yards and on sidings as trains await clearance to cross the
existing single track bridges. Moreover, trains awaiting an opportunity
to cross the bridge often block vehicular traffic at both public and
private at-grade rail crossings. The delays attributable to this
congestion hinder the timely transport and delivery of people, goods
and services to local and regional destinations. According to BNSF, the
Project will relieve this congestion and allow for the more efficient
movement of trains through the Lake Pend Oreille region. Alternatives
considered for the Project include a ``No Action Alternative'' that
simply preserves the status quo and a Proposed Action Alternative that
satisfies the purpose and need of the Project. Several additional
alternatives including (a) a second main line track placed east of the
existing main track line, (b) alternate routes and (c) shifting rail
traffic to other railroads were considered and dismissed based on
infeasibility or impracticability.
    The federal bridge statutes, including the River and Harbors Act of
1899, as amended, the Act of March 23, 1906, as amended, and the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.), require that the
location and plans of bridges in or over navigable waters of the United
States be approved by the Secretary of Homeland Security, who has
delegated that responsibility to the Coast Guard. Lake Pend Oreille and
Sand Creek are navigable waters of the U.S. as defined in 33 CFR
2.36(a). In exercising these bridge authorities, the Coast Guard
considers navigational and environmental impacts, which include
historic and tribal effects. The Coast Guard's primary responsibility
regarding BNSF's proposed railroad bridges is to ensure the structures
do not unreasonably obstruct navigation.
    Because the intent of the bridge statutes is to preserve
navigation, the Coast Guard's permit authority is limited to the bridge
and its essential components including approaches and abutments.
Consequently, the Coast Guard does not have the authority to approve or
disapprove broader aspects of a project beyond the bridges themselves.
For example, if a project sponsor proposes to build a new highway or
rail line and the project includes a bridge, the Coast Guard's permit
authority is limited to the bridge and its effect upon navigation, but
does not extend to the connecting highway or rail line.
    The Coast Guard is the lead federal agency for this Project and, as
such, responsible for the review of its potential effects on the human
environment, including historic properties and tribal impacts, pursuant
to NEPA and NHPA. The Coast Guard is therefore required by law to
ensure potential environmental effects are carefully evaluated in each
bridge permitting decision. As part of this evaluation process, the
Coast Guard solicits comments from State and Federal agencies with
expertise in, and authority over, particular resources that may be
impacted by a project. Additionally, the Coast Guard seeks input from
any tribes that may be affected or otherwise have expertise or equities
in the Project. Following tribal and expert agency outreach, the Coast
Guard revises its evaluation, and then seeks comments from the general
public. Agencies that have already participated in the environmental
review of this Project include the U.S. Army Corps of Engineers
(USACE), the U.S. Fish and Wildlife Service (USFWS), the U.S.
Environmental Protection Agency (EPA), Idaho Department of Lands (IDL)
and the Idaho Department of Environmental Quality (IDEQ). In addition
to the Coast Guard Bridge Permit, this Project requires the following
permits:
     An Individual Permit from USACE under Section 404 of the
Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and
Harbors Act of 1899 (33 U.S.C. 403) to temporarily and permanently
discharge rock into water and wetlands, all discharges being associated
with construction of the proposed bridges.
     An Encroachment Permit from IDL in accordance with the
Idaho Lake Protection Act. BNSF submitted an application for the
Encroachment Permit to IDL on February 22, 2018, and IDL subsequently
convened two local public hearings on May 23, 2018, to solicit comments
from the public. A Final Order approving the application for
Encroachment Permit No. L-96-S-0096E was signed June 21, 2018.
     A Section 401 Water Quality Certification, which was
issued by IDEQ on September 21, 2018, in accordance with Section
401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act)
(33 U.S.C. 1251 et seq.).
    On February 26, 2018, USACE and IDL issued respective public
notices informing members of the public that BNSF had submitted a joint
USACE-IDL application for the Project. During the comment period, the
agencies received approximately 5,000 comments in favor of and opposed
to the Project. The comments in favor of the Project generally spoke to
economic benefits and requests to expedite the environmental review and
issue required permits. The opposition comments identified a variety of
concerns including, but not limited to, (a) requests to elevate the
level of federal environmental review to an Environmental Impact
Statement (EIS); (b) the potential for derailments within the Lake Pend
Oreille region and preparedness for response to a derailment causing a
spill of coal or petroleum products; (c) fugitive coal dust emissions
and the effects upon air and water quality; and (d) the potential for
increased rail traffic through the Lake Pend Oreille rail corridor.
Although this is the Coast Guard's initial effort to obtain public
comment for the proposed Project, it has reviewed all previous comments
received by IDL and USACE and incorporated that information in the
draft EA. Additionally, the comments provided by USACE, EPA, USFWS,
IDEQ and the Kootenai Tribe were incorporated in the draft EA, which is
now available for public comment.
    Based on the information received to date, the Coast Guard has
determined that an Environmental Assessment is an appropriate level of
environmental documentation for this Project. After consideration of
all additional comments, the Coast Guard may issue a Finding of No
Significant Impact or may determine the Project will have significant
impacts requiring an EIS. If the Coast Guard determines at EIS is
required, there will be additional opportunity for public comment in
accordance with NEPA procedures for the preparation of an EIS.
    We are seeking public input on the Draft EA, including comments on
completeness and adequacy of the document, and on other environmental
and historic preservation concerns that may be related to the proposed
Project. While you may submit any comments to the docket to communicate
information or views regarding this Project, please know that we have
already considered the comments submitted during the USACE-IDL public
comment period, and those comments are now part of the official Coast
Guard record for BNSF's Bridge Permit application. We specifically
request you submit comments related to relevant information or topics
missing from or not adequately addressed in the draft EA, and how we
can obtain that information. This includes suggesting analyses and
methodologies for use in the Draft EA or possible sources of data or
information not included in the Draft EA. The most informative comments
for the Coast Guard in making a permit decision are those that provide
detailed,

resource-specific information about the size, nature or effect of the
impacts the bridge permit will have on the human environment. Public
comments will be considered in determining the environmental impacts
and preparation of a final environmental document.
    The East Bonner County Library at 1407 Cedar Street, Sandpoint,
Idaho 83864 will maintain a printed copy of the draft EA for public
review. The document will be available for inspection at this location
between 9 a.m. and 7 p.m. Monday through Thursday and 10 a.m. and 5
p.m. Friday and Saturday, except Federal holidays. The Thirteenth Coast
Guard District Bridge Office at 915 2nd Avenue, Seattle, WA 98174-1067
will also maintain a printed copy of the draft EA for public review.
The document will be available for inspection at this location between
8 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

II. Public Participation and Request for Comments

    The Coast Guard views public participation as essential and will
consider all comments and materials received during the comment period.
If you submit a comment, please include the docket number identified in
this notice, indicate the specific section of the document to which
each comment applies and provide a reason for each suggestion or
recommendation. Please submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your comment or materials
cannot be submitted using http://www.regulations.gov, please contact
the person noted in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions.
    Anonymous comments will be accepted. All comments will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more information about
privacy and the docket, you may review a Privacy Act notice regarding
the Federal Docket Management system in the March 24, 2005 issue of the
Federal Register (70 FR 15086).
    Documents mentioned in this notice as being available in this
docket and all public comments will be included in our online docket at
http://www.regulations.gov and may be viewed by following that
website's instructions. Additionally, if you sign up for email alerts,
you will be notified when comments are posted.

III. Public Meetings

    The Coast Guard intends to hold two public meetings to provide the
public opportunity to submit oral and written comments on the draft EA.
The two meetings will be held on Wednesday, March 13, 2019 at 8 a.m.
and 6 p.m. at the Ponderay Events Center, 401 Bonner Mill Way,
Ponderay, Idaho 83852. Each meeting is anticipated to last
approximately two hours.
    The meetings are open to the public. Those who plan to attend a
meeting and wish to present comments may request to do so through the
online docket at http://www.regulations.gov, and will be called in
order of requests received. Attendees who have not previously made a
request to present comments will follow those who have already
submitted a request, as time permits. If a large number of persons wish
to speak, the presiding officer may be required to limit the time
allotted to each speaker. The public meetings may end early if all
present wishing to speak have done so.
    A transcript of the meetings will be made available for public
review approximately 30 days after the meeting. All comments will be
incorporated into the official case record. Written comments and
related material may also be submitted to Coast Guard personnel
identified at that meeting for placement into the docket.
    Information on Service for Individuals With Disabilities: For
information on facilities or services for individuals with disabilities
or to request special assistance at the public meeting contact Mr.
Steven Fischer at the telephone number under the FOR FURTHER
INFORMATION CONTACT section of this notice.
    This notice is issued under the authority of 5 U.S.C. 552 (a).

    Dated: January 31, 2019.
Brian L. Dunn,
Chief, Office of Bridge Programs, U.S. Coast Guard.
[FR Doc. 2019-01134 Filed 2-5-19; 8:45 am]
 BILLING CODE 9110-04-P