[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5224-5225]
[FR Doc No: 2011-1859]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63756; File No. S7-24-89]

Joint Industry Plan; Notice of Filing of Amendment No. 25 to 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 Privileges Basis Submitted by the BATS Exchange, Inc.,
BATS Y-Exchange, Inc., Chicago Board Options Exchange, Incorporated,
Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc.,
Financial Industry Regulatory Authority, Inc., International Securities
Exchange LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc., Nasdaq Stock
Market LLC, National Stock Exchange, Inc., New York Stock Exchange LLC,
NYSE Amex, Inc., and NYSE Arca, Inc.

January 21, 2011.
    Pursuant to Rule 608 of the Securities Exchange Act of 1934 (the
``Act'') \1\ notice is hereby given that on December 23, 2010, the
operating committee (``Operating Committee'' or ``Committee'') \2\ of
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 (``Nasdaq/UTP Plan'' or ``Plan'')
filed with the Securities and Exchange Commission (``Commission'') an
amendment to the Plan.\3\ This amendment represents Amendment No. 25 to
the Plan and proposes to permit ministerial amendments to the Plans
under the signature of the Chairman of the Nasdaq/UTP Plan Operating
Committee. The Commission is publishing this notice to solicit comments
from interested persons on the proposed Amendment.
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    \1\ 17 CFR 242.608.
    \2\ The Plan Participants (collectively, ``Participants'') are
the: BATS Exchange, Inc. (``BATS''); BATS Y-Exchange, Inc. (``BATS
Y''); Chicago Board Options Exchange, Incorporated (``CBOE'');
Chicago Stock Exchange, Inc. (``CHX''); EDGA Exchange, Inc.
(``EDGA''); EDGX Exchange, Inc. (``EDGX''); Financial Industry
Regulatory Authority, Inc. (``FINRA''); International Securities
Exchange LLC (``ISE''); NASDAQ OMX BX, Inc. (``BX''); NASDAQ OMX
PHLX, Inc. (``PHLX''); Nasdaq Stock Market LLC (``Nasdaq'');
National Stock Exchange, Inc. (``NSX''); New York Stock Exchange LLC
(``NYSE''); NYSE Amex, Inc. (``NYSEAmex''); and NYSE Arca, Inc.
(``NYSEArca'').
    \3\ The Plan governs the collection, processing, and
dissemination on a consolidated basis of quotation information and
transaction reports in Eligible Securities for each of its
Participants. This consolidated information informs investors of the
current quotation and recent trade prices of Nasdaq securities. It
enables investors to ascertain from one data source the current
prices in all the markets trading Nasdaq securities. The Plan serves
as the required transaction reporting plan for its Participants,
which is a prerequisite for their trading Eligible Securities. See
Securities Exchange Act Release No. 55647 (April 19, 2007) 72 FR
20891 (April 26, 2007).
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I. Rule 608(a)

A. Purpose of the Amendments

    Currently, Section XVI of the Nasdaq/UTP Plan requires each
Participant to execute most amendments to the Plan before they can
submit Plan amendments to the Commission. This can result in delays and
unwarranted administrative functioning in the context of certain
amendments that are of a purely ministerial nature. For that reason,
the Participants propose to amend the Plan to permit the submission of
Plan amendments to the Commission under the signature of the Chairman
of the Nasdaq/UTP Plan Operating Committee, in lieu of signatures from
each Participant.
    The categories of ministerial Plan amendments that the Participants
may submit under the signature of the Chairman include amendments to
the Plan that pertain solely to any one or more of the following:
    (1) Admitting a new Participant into the Plan;
    (2) Changing the name or address of a Participant;
    (3) Incorporating a change that the Commission has implemented by
rule and that requires no conforming language to the text of the Plan
(e.g., the Commission rule establishing the Advisory Committee);
    (4) Incorporating a change (i) That the Commission has implemented
by rule, (ii) that requires conforming language to the text of the Plan
(e.g., the Commission rule amending the revenue allocation formula),
and (iii) that a majority of all Participants has voted to approve; and
    (5) Incorporating a purely technical change, such as correcting an
error or an inaccurate reference to a statutory provision, or removing
language that has become obsolete (e.g., language regarding ITS).
    The Participants believe that submission of these categories of
ministerial amendments will improve the efficiency of the
administration of the Plan and that the signature of each Participant
provides no safeguards that are necessary or appropriate in the context
of these categories of ministerial amendments.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of Amendment

    The Participants propose to implement the change upon Commission
approval of the Amendment.

D. Development and Implementation Phases

    See Item I(C) above.

E. Analysis of Impact on Competition

    The proposed amendment does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Exchange Act. The Participants do not believe that the proposed
plan amendment introduces terms that are unreasonably discriminatory
for the purposes of Section 11A(c)(1)(D) of the Exchange Act.

F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan

    The Participants have no written understandings or agreements
relating to interpretation of the Plans as a result of the amendment.

G. Approval by Sponsors in Accordance With Plan

    Each of the Plan's Participants has executed a written amendment to
the Plan.

H. Description of Operation of Facility Contemplated by the Proposed
Amendment

    Not applicable.

I. Terms and Conditions of Access

    Not applicable.

J. Method of Determination and Imposition, and Amount of, Fees and
Charges

    Not applicable.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

II. Rule 601(a)

A. Reporting Requirements

    Not applicable.

B. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information

    Not applicable.

C. Manner of Consolidation

    Not applicable.

D. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports

    Not applicable.

E. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination

    Not applicable.

F. Terms of Access to Transaction Reports

    Not applicable.

G. Identification of Marketplace of Execution

    Not Applicable.

III. Solicitation of Comments

    The Commission seeks general comments on Amendment No. 25.
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposal 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 e-mail to<EMAIL_ADDRESS>Please include
File Number S7-24-89 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 S7-24-89. This file number
should be included on the subject line if e-mail is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Web site (http://www.sec.gov/rules/sro.shtml). Copies of
the submission, all written statements with respect to the proposed
Plan amendment that are filed with the Commission, and all written
communications relating to the proposed Plan amendment 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 on official business days between the hours of 10 a.m.
and 3 p.m. Copies of the filing also will be available for Web site
viewing and printing at the Office of the Secretary of the Committee,
currently located at the CBOE, 400 S. LaSalle Street, Chicago, IL
60605. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number S7-24-
89 and should be submitted on or before February 18, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(27).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1859 Filed 1-27-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Rules and Regulations]
[Page 43544-43546]
[DOCID:fr06au07-10]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 5

[Docket ID FEMA-2007-0006]
RIN 1660-AA54

Federal Emergency Management Agency (FEMA) Touhy Regulations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This final rule makes a clarifying amendment to the Federal
Emergency Management Agency's (FEMA) Touhy regulations. As already
provided in the Touhy regulations of the Department of Homeland
Security (DHS), of which FEMA is a component, FEMA is adding language
to its regulations clarifying that DHS Touhy regulations are applicable
to any subject matter not already covered by FEMA's regulations,
including but not limited to demands or requests directed to current or
former FEMA contractors. This action ensures consistency within DHS
with a uniform approach and administration of Touhy regulations, and
provides additional clarification with respect to agency organization
and practice. This regulation will have no substantive effect on the
regulated public.

DATES: This final rule is effective August 6, 2007.

ADDRESSES: Documents as indicated in this preamble are available for
inspection and copying under Docket ID FEMA-2007-0006, at the Office of
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C
Street, SW., Washington, DC, or online at the Federal eRulemaking
Portal:  http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jordan S. Fried, Associate Chief
Counsel for Litigation, Office of Chief Counsel, Federal Emergency
Management Agency, Department of Homeland Security, 500 C Street, SW.,
Washington, DC 20472, (phone)<PHONE_NUMBER>, (facsimile)<PHONE_NUMBER>,
or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Regulatory Information

    FEMA did not publish a notice of proposed rulemaking for this
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), FEMA finds that
this rule is exempt from notice and comment rulemaking requirements
because this is a procedural rule involving agency organization and
practice, and has no substantive effect on the public. This rule
consists only of a technical clarifying amendment. Because this is a
procedural rule, rather than substantive, this rule will become
effective immediately upon publication as authorized under 5 U.S.C.
553(d).

Background

    The Federal Emergency Management Agency (FEMA), a component of the
Department of Homeland Security (DHS), issues this rule to eliminate
public confusion with respect to how

FEMA applies its Touhy regulations. Touhy regulations, named after
United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951), establish
restrictions and procedures for demands on Federal agency employees for
information or testimony in response to a subpoena or other demand in
private litigation as to any information relating to material contained
in the files of the Agency, or any information acquired as a part of
the performance of that person's official duties or because of that
person's official status.
    Currently, FEMA has Touhy regulations at 44 CFR part 5 subpart F,
Subpoenas or Other Legal Demands for Testimony or the Production or
Disclosure of Records or Other Information; and DHS has Touhy
regulations at 6 CFR part 5 subpart C, Disclosure of Information in
Litigation. DHS' regulation, at 6 CFR 5.41(b), provides that ``[t]he
provisions established by this subpart shall apply to all Department
components that are transferred to the Department. Except to the extent
a Department component has adopted separate guidance governing the
subject matter of a provision of this subpart, the provisions of this
subpart shall apply to each component of the Department.'' There are
some circumstances in which the DHS regulations address subject matter
that is not addressed in FEMA's regulations. Therefore, as a matter of
agency practice, FEMA applies DHS regulations when FEMA's regulations
are silent, pursuant to the language of 6 CFR 5.41(b).
    In an effort toward providing public notice of this agency
practice, FEMA is amending its scope and applicability regulation at 44
CFR 5.80 to clarify for the public that DHS' Touhy regulations apply to
any subject matter not already covered by FEMA's regulations, including
but not limited to demands or requests directed to current or former
FEMA contractors. FEMA specifically addressed the issue of demands or
requests directed to current or former FEMA contractors because the
agency is aware of particular confusion with respect to Title 44's
silence on this subject matter. This regulatory change clarifies agency
organization and practice and will have no substantive effect on the
regulated public.

Executive Order 12866--Regulatory Planning and Review

    FEMA has prepared and reviewed this rule under the provisions of
Executive Order 12866 (58 FR 51735, Oct. 4, 1993). Under Executive
Order 12866, a ``significant regulatory action'' is subject to Office
of Management and Budget (OMB) review and the requirements of the
Executive Order. Section 3(f) of the Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
    (1) Have an annual effect on the economy of $100 million or more,
or may adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    As a DHS component, FEMA is subject to the Touhy provisions
established by DHS at 6 CFR part 5 subpart C, except to the extent that
FEMA has adopted separate guidance governing the subject matter of a
provision of that subpart. As a result, DHS' regulations apply to any
subject matter not already covered by FEMA's regulations, including but
not limited to demands or requests directed to current or former FEMA
contractors. In an effort at removing public confusion, FEMA is
amending 44 CFR 5.80 to include language notifying the public of this
existing agency practice and procedure. This regulatory change provides
clarification with respect to agency organization and practice and has
no substantive effect on the regulated public. Therefore, this
rulemaking is not considered to be a significant regulatory action
under section 3(f) of Executive Order 12866. This rule adheres to the
principles of regulation as set forth in the Executive Order.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121, 110 Stat. 857), FEMA is not required to prepare
a final regulatory flexibility analysis for this final rule because the
agency has not issued a notice of proposed rulemaking prior to this
action.

National Environmental Policy Act

    The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) implementing regulations governing FEMA activities at 44 CFR
10.8(d)(2)(ii) categorically exclude the preparation, revision, and
adoption of regulations, directives, manuals, and other guidance
documents related to actions that qualify for categorical exclusions.
This amendment provides clarifying information regarding administrative
actions of the agency regarding the handling of demands on Federal
agency employees for information or testimony in response to a subpoena
or other demand in private litigation and is therefore categorically
exempt under Sec.  10.8(d)(2)(i). Because no other extraordinary
circumstances have been identified, this rule will not require the
preparation of either an environmental assessment or an environmental
impact statement as defined by the National Environmental Policy Act.

Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism,'' (64 FR 43255,
published August 10, 1999), sets forth principles and criteria that
agencies must adhere to in formulating and implementing policies that
have federalism implications; that is, regulations that have
substantial direct effects on the States, or on the distribution of
power and responsibilities among the various levels of government.
Federal agencies must closely examine the statutory authority
supporting any action that would limit the policymaking discretion of
the States, and to the extent practicable, must consult with State and
local officials before implementing any such action. This rule provides
clarification with respect to agency organization and practice and will
have no substantive effect on the regulated public, therefore it will
not have substantial direct effects 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.
It will not preempt any State laws. In accordance with section 6 of
Executive Order 13132, FEMA determines that this rule will not have
federalism implications sufficient to warrant the preparation of a
federalism impact statement.

Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection of information displays a valid OMB control number. This
rule does not impose any new reporting or recordkeeping requirements,
nor does it revise information collection requirements

currently approved under the Paperwork Reduction Act of 1995.

Executive Order 12988, Civil Justice Reform

    FEMA has reviewed this rule under Executive Order 12988, ``Civil
Justice Reform'' (61 FR 4729, published February 7, 1996). This rule
meets applicable standards to minimize litigation, eliminate ambiguity,
and reduce burden.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies, to the extent permitted by law, to prepare a
written assessment of the effects of any Federal mandate in a proposed
or final agency rule that may result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year. Though this rule will
not result in such an expenditure, FEMA does discuss the effects of
this rule elsewhere in this preamble.

Executive Order 12898, Environmental Justice

    Under Executive Order 12898, ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, published February 16, 1994), FEMA
incorporates environmental justice into its policies and programs. The
Executive Order requires each Federal agency to conduct its programs,
policies, and activities that substantially affect human health or the
environment in a manner that ensures that those programs, policies, and
activities do not have the effect of excluding persons from
participation in programs, denying persons the benefits of programs, or
subjecting persons to discrimination because of race, color, or
national origin.
    FEMA believes that no action under this rule will have a
disproportionately high or adverse effect on human health or the
environment as it contains only a clarifying amendment regarding agency
organization and practice and has no substantive effect on the
regulated public. Accordingly, the requirements of Executive order
12898 do not apply to this rule.

Congressional Review of Agency Rulemaking

    FEMA has sent this final rule to the Congress and to the General
Accounting Office under the Congressional Review of Agency Rulemaking
Act, (``Congressional Review Act'') Public Law 104-121. This rule is
not a ``major rule'' within the meaning of the Congressional Review
Act. This rule will not result in a major increase in costs or prices
for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions. It will not have
``significant adverse effects'' on competition, employment, investment,
productivity, innovation, or on the ability of the United States-based
enterprises to compete with foreign-based enterprises.

Executive Order 13045, Protection of Children

    FEMA has analyzed this final 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 safety that might
disproportionately affect children.

Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments

    FEMA has reviewed this rule under Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, published November 9, 2000). As this rule provides clarification
with respect to agency organization and practice and has no substantive
effect on the regulated public, it will 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.

Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights

    FEMA has reviewed this rule under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights'' (53 FR 8859, published March 18, 1988) as
supplemented by Executive Order 13406, ``Protecting the Property Rights
of the American People'' (71 FR 36973, published June 28, 2006). This
rule will not affect a taking of private property or otherwise have
taking implications under Executive Order 12630.

List of Subjects in 44 CFR Part 5

    Courts, Freedom of Information, Government employees.

0
For the reasons set forth above, FEMA amends 44 CFR part 5 as follows:

44 CFR Chapter 1--Federal Emergency Management Agency, Department
of Homeland Security

Subchapter A--General

PART 5--[REVISED]

0
1. The authority citation for part 5 is revised to read as follows:

    Authority: 5 U.S.C. 552; 5 U.S.C. 301; 6 U.S.C. 101 et seq;
Reorganization Plan No. 3 of 1978; E.O. 12127; and E.O. 12148.

0
2. Amend Sec.  5.80, by adding paragraph (d) to read as follows:

Sec.  5.80  Scope and applicability.

* * * * *
    (d) The Department of Homeland Security's regulations, 6 CFR 5.41
through 5.49, apply to any subject matter not already covered by this
subpart, including but not limited to demands or requests directed to
current or former FEMA contractors.

    Dated: August 1, 2007.
R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E7-15224 Filed 8-3-07; 8:45 am]

BILLING CODE 9110-50-P


[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]
[Page 38190-38191]
[DOCID:fr03jy08-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12743-001]

Douglas County, Oregon; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

June 24, 2008.
    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 12743-001.
    c. Date Filed: May 23, 2008.
    d. Submitted By: Douglas County, Oregon.
    e. Name of Project: Douglas County Wave & Tidal Energy Project.
    f. Location: On the south jetty at the mouth of the Umpqua River
near the town of Winchester Bay, Oregon. South jetty is owned and
maintained by the United States Army Corps of Engineers.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Ronald S. Yockim, 430 SE Main, P.O.
Box 2456, Roseburg, Oregon, 97470;<PHONE_NUMBER>; e-mail_
<EMAIL_ADDRESS>    i. FERC Contact: David Turner at<PHONE_NUMBER>; or e-mail at
<EMAIL_ADDRESS>    j. Douglas County, Oregon filed its request to use the Traditional
Licensing Process on May 23, 2008. Douglas County, Oregon provided
public notice of its request on May 28, 2008. In a letter dated June
24, 2008, the Director of the Office of Energy Projects approved
Douglas County, Oregon's request to use the Traditional Licensing
Process.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act and the joint agency regulations thereunder at
50 CFR, Part 402; (b) NOAA Fisheries under section 305(b) of the
Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920; and (c) the Washington
State Historic Preservation Officer, as required by Section 106,
National Historical

Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. Douglas County, Oregon filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    m. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, of for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    n. Register online at http://ferc.gov/esubscribenow.htm to be
notified via e-mail of new filing and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-15084 Filed 7-2-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68428]
[DOCID:fr10no05-91]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-671-002]

Portland Natural Gas Transmission System; Notice of Compliance
Filing

November 4, 2005.
    Take notice that on October 31, 2005, Portland Natural Gas
Transmission System (PNGTS) tendered for filing to become part of its
FERC Gas Tariff, Original Volume No. 1, Second Substitute Fifth Revised
Sheet No. 380, to become effective on September 1, 2005.
    PNGTS states that copies of this filing are being served on all
jurisdictional customers, interested state commissions, and persons on
the official service list in this proceeding.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6225 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Proposed Rules]
[Pages 24937-24938]
[FR Doc No: 2023-08536]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0985; Airspace Docket No. 23-ASO-16]
RIN 2120-AA66

Amendment of Class E Airspace; Cross City, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface for Cross City Airport, Cross
City, FL, as a new instrument approach procedure has been designed for
this airport. This action would also update this airport's geographic
coordinates to coincide with the FAA's database.

DATES: Comments must be received on or before June 9, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0985 and
Airspace Docket No. 23-ASO-16 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except for Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov anytime. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except for Federal holidays.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would amend Class E airspace in Cross City, FL. This action is
necessary to support IFR operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the proposal's overall regulatory,
aeronautical, economic, environmental, and energy-related aspects. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should submit only once if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives and a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this proposal in light of the
comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except for Federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except for Federal holidays at the
office of the Eastern Service Center, Federal Aviation Administration,
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11, Airspace

Designations and Reporting Points, incorporated by reference in 14 CFR
71.1 annually. This document proposes to amend the current version of
that order, FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, dated August 19, 2022, and effective September 15, 2022. These
updates would subsequently be published in the next update to FAA Order
JO 7400.11. FAA Order JO 7400.11G is publicly available as listed in
the ADDRESSES section of this document. FAA Order JO 7400.11G lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class E
airspace extending upward from 700 feet above the surface for Cross
City Airport, Cross City, FL, to accommodate area navigation (RNAV)
global positioning system (GPS) standard instrument approach procedures
(SIAPs) serving this airport. This amendment supports a new instrument
approach at this airport. The existing radius would be increased to 7
miles (previously 6.8-miles), and the southern extension would be
eliminated. This action would also update the airport's geographic
coordinates to coincide with FAA's database. Controlled airspace is
necessary for the safety and management of instrument flight rules
(IFR) operations in the area.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO FL E5 Cross City, FL [Amended]

Cross City Airport, FL
    (Lat. 29[deg]38'08'' N, long. 83[deg]06'17'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Cross City Airport.

    Issued in College Park, Georgia, on April 17, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-08536 Filed 4-24-23; 8:45 am]
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