[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Notices]
[Pages 13324-13328]
[FR Doc No: 2019-06507]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85449; File No. SR-NYSENAT-2019-03]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its
Schedule of Fees and Rebates Related to Co-Location Services

March 29, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 15, 2019, NYSE National, Inc. (the ``Exchange'' or
``NYSE National'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Schedule of Fees and Rebates
(the ``Price List'') related to co-location services to provide access
to the execution system of Global OTC. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Price List related to co-
location \4\ services offered by the Exchange to provide Users \5\ with
access to the execution system of Global OTC (the ``Global OTC
System''). Global OTC is an alternative trading system (``ATS'') that
facilitates transactions in over-the-counter equity securities.\6\
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    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Commission on May 18, 2018. See
Securities Exchange Act Release No. 83351 (May 31, 2018), 83 FR
26314 (June 6, 2018) (SR-NYSENAT-2018-07). The Exchange operates a
data center in Mahwah, New Jersey (the ``data center'') from which
it provides co-location services to Users.
    \5\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See id. at note 9. As
specified in the Price List, a User that incurs co-location fees for
a particular co-location service pursuant thereto would not be
subject to co-location fees for the same co-location service charged
by the Exchange's affiliates the New York Stock Exchange (``NYSE''),
NYSE American LLC (``NYSE American''), and NYSE Arca, Inc. (``NYSE
Arca'' and together, the ``Affiliate SROs''). See id. at note 11.
    \6\ See 17 CFR 242.300(a). An ATS is a trading system that meets
the definition of ``exchange'' under federal securities laws but is
not required to register as a national securities exchange if the
ATS operates under an exemption provided under the Act.
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    The Exchange proposes to implement the rule change on the first day
of the month after it becomes operative. The Exchange will announce the
implementation date through a customer notice.
    As set forth in the Price List, the Exchange charges fees for
connectivity to the execution systems of third party markets and other
content service providers (``Third Party Systems'').\7\ The Exchange
has an indirect interest in Global OTC because it is owned by the
Exchange's ultimate parent, Intercontinental Exchange, Inc.\8\ The
Exchange proposes to treat Global OTC as a Third Party System and add
it to the list of Third Party Systems set forth in the Price List.
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    \7\ See 83 FR 26314, supra note 4, at 26322.
    \8\ See id.
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    As with the current Third Party Systems, in order to obtain access
to the

Global OTC System, the User would enter into an agreement with Global
OTC, pursuant to which Global OTC would charge the User for access to
the Global OTC System. Once the Exchange receives authorization from
Global OTC, the Exchange would establish a connection between the User
and the Global OTC System.\9\
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    \9\ See id.
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    As with the existing connections to Third Party Systems, the
Exchange proposes to charge a monthly recurring fee for connectivity to
the Global OTC System. The Exchange does not propose to change the
current fee, which is for connectivity only.\10\
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    \10\ See id.
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    Currently, connectivity to the Third Party Systems is over the
internet protocol (``IP'') network, a local area network available in
the data center.\11\ Users would have two options for connecting to the
OTC Global System: Over the IP network or the Liquidity Center Network
(``LCN''), the other local area network available in the data
center.\12\ Accordingly, the Exchange proposes to amend the third
sentence of the paragraph under ``Connectivity to Third Party Systems''
in the Price List to state that ``[c]onnectivity to Third Party Systems
is over the IP network, with the exception that Users can connect to
Global OTC over the IP network or LCN.''
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    \11\ See id. at 26316.
    \12\ See id.
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    The proposed treatment of Global OTC would be consistent with its
treatment in other contexts. The Exchange also treats Global OTC as a
third party with respect to connectivity to data feeds from third party
markets and other content service providers (the ``Third Party Data
Feeds'').\13\ The Exchange proposes that Users could connect to the
Global OTC System over the IP network or LCN: This is substantially the
same as with Third Party Data Feeds, where ``[c]onnectivity . . . is
over the IP network, with the exception that Users can connect to
Global OTC and ICE Data Global Index over the IP network or LCN.'' \14\
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    \13\ See id. at 26322-26323.
    \14\ Price List, at 17; see 83 FR 26314, supra note 4, at 26323.
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    The Exchange would provide access to the Global OTC System
(``Access'') as a convenience to Users. Use of Access is completely
voluntary, and it is the Exchange's understanding that currently third
party options are available to a User to access the Global OTC System.
The Exchange is not aware of any impediment to additional third parties
offering such access. With respect to third parties that presently
offer, or in the future opt to offer, access to the Global OTC Systems,
a User may access such services through the Secure Financial
Transaction Infrastructure (``SFTI'') network, a third party
telecommunication network, third party wireless network, a cross
connect, or a combination thereof to access such services and products
through a connection to an access center outside the data center (which
could be a SFTI access center, a third-party access center, or both),
another User, or a third party vendor.
    Establishing a User's access to the Global OTC System would not
give the Exchange any right to use the Global OTC System. Connectivity
to the Global OTC System would not provide access or order entry to the
Exchange's execution system, and a User's connection to the Global OTC
System would not be through the Exchange's execution system.
General
    As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \15\ and
(iii) a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or more of the Affiliate
SROs.\16\
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    \15\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies in sending orders
to, and receiving market data from, the Exchange.
    \16\ See id. at 26315. NYSE, NYSE American, and NYSE Arca have
submitted substantially the same proposed rule change to propose the
changes described herein. See SR-NYSE-2019-07, SR-NYSEAmer-2019-03,
and SR-NYSEArca-2019-07.
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    The proposed change is not otherwise intended to address any other
issues relating to co-location services and/or related fees, and the
Exchange is not aware of any problems that Users would have in
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed fee change is consistent
with Section 6(b) of the Act,\17\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\18\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed changes would remove
impediments to, and perfect the mechanisms of, a free and open market
and a national market system and, in general, protect investors and the
public interest because, by offering access to the Global OTC System,
the Exchange would give each User additional options for addressing its
access needs, responding to User demand for access options. Providing
additional services would help each User tailor its data center
operations to the requirements of its business operations by allowing
it to select the form and latency of access that best suits its needs.
    The Exchange would provide Access as a convenience to Users. Use of
Access is completely voluntary, and it is the Exchange's understanding
that currently third party options are available to a User to access
the Global OTC System. The Exchange is not aware of any impediment to
additional third parties offering such access. With respect to third
parties that presently offer, or in the future opt to offer, access to
the Global OTC Systems, a User may access such services through the
SFTI network, a third party telecommunication network, third party
wireless network, a cross connect, or a combination thereof to access
such services and products through a connection to an access center
outside the data center (which could be a SFTI access center, a third-
party access center, or both), another User, or a third party vendor.
    The Exchange believes that the proposed change would remove
impediments to, and perfect the mechanisms of, a free and open market

and a national market system and, in general, protect investors and the
public interest because the proposed treatment of Global OTC would be
consistent with its treatment in other contexts. The Exchange also
treats Global OTC as a third party with respect to connectivity to
Third Party Data Feeds.\19\ The Exchange proposes that Users could
connect to the Global OTC System over the IP network or LCN: This is
substantially the same as with Third Party Data Feeds, where
connectivity is over the IP network, with the exception that Users can
connect to Global OTC and one other Third Party Data Feed over the IP
network or LCN.\20\
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    \19\ Supra note 13.
    \20\ Supra note 14.
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    The Exchange also believes that the proposed fee change is
consistent with Section 6(b)(4) of the Act,\21\ in particular, because
it provides for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers or dealers.
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    \21\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed fee change is consistent
with Section 6(b)(4) of the Act for multiple reasons. The Exchange
operates in a highly competitive market in which exchanges offer co-
location services as a means to facilitate the trading and other market
activities of those market participants who believe that co-location
enhances the efficiency of their operations. Accordingly, fees charged
for co-location services are constrained by the active competition for
the order flow of, and other business from, such market participants.
If a particular exchange charges excessive fees for co-location
services, affected market participants will opt to terminate their co-
location arrangements with that exchange, and adopt a possible range of
alternative strategies, including placing their servers in a physically
proximate location outside the exchange's data center (which could be a
competing exchange), or pursuing strategies less dependent upon the
lower exchange-to-participant latency associated with co-location.
Accordingly, the exchange charging excessive fees would stand to lose
not only co-location revenues but also the liquidity of the formerly
co-located trading firms, which could have additional follow-on effects
on the market share and revenue of the affected exchange.
    The Exchange believes that the proposed charges would be
reasonable, equitably allocated and not unfairly discriminatory because
it would treat connectivity to the Global OTC System the same as
connectivity to the execution system of other ATSs. Currently, the
Third Party Systems include two ATSs.\22\
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    \22\ Credit Suisse and OTC Markets have ATSs. See Commission
list of ATSs at https://www.sec.gov/foia/docs/atslist.htm.
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    The Exchange believes that the additional service proposed herein
would be equitably allocated and not unfairly discriminatory because,
in addition to Access being completely voluntary, it would be available
to all Users on an equal basis (i.e., the same Access would be
available to all Users). All Users that voluntarily selected to receive
Access would be charged the same amount for the same service. Users
that opted to use Access would not receive access that is not available
to all Users, as all market participants that contracted with Global
OTC would receive access.
    The Exchange believes that the proposed charges would be
reasonable, equitably allocated and not unfairly discriminatory because
the Exchange would offer the Access as a convenience to Users, but in
order to do so must provide, maintain and operate the data center
facility hardware and technology infrastructure. The Exchange must
handle the installation, administration, monitoring, support and
maintenance of such services, including by responding to any production
issues. Since the inception of co-location, the Exchange has made
numerous improvements to the network hardware and technology
infrastructure and has established additional administrative controls.
The Exchange has expanded the network infrastructure to keep pace with
the increased number of services available to Users, including
resilient and redundant feeds. In addition, in order to provide Access,
the Exchange would maintain multiple connections to the Global OTC
System, allowing the Exchange to provide resilient and redundant
connections; adapt to any changes made by Global OTC; and cover any
applicable fees charged by Global OTC, such as port fees. In addition,
Users would not be required to use any of their bandwidth for Access
unless they wish to do so.
    The Exchange believes the fees for Access are reasonable because
they allow the Exchange to defray or cover the costs associated with
offering Users Access while providing Users the convenience of
receiving such Access within co-location, helping them tailor their
data center operations to the requirements of their business
operations.
    For the reasons above, the proposed changes would not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\23\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because all of the proposed services are completely
voluntary.
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    \23\ 15 U.S.C. 78f(b)(8).
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    The Exchange believes that providing Users with additional options
for access to the Global OTC Systems would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because such proposed Access would satisfy User
demand for access options. The Exchange would provide Access as a
convenience to Users. Use of Access is completely voluntary, and it is
the Exchange's understanding that currently third party options are
available to a User to access the Global OTC System. The Exchange is
not aware of any impediment to additional third parties offering such
access. With respect to third parties that presently offer, or in the
future opt to offer, access to the Global OTC Systems, a User may
access such services through the SFTI network, a third party
telecommunication network, third party wireless network, a cross
connect, or a combination thereof to access such services and products
through a connection to an access center outside the data center (which
could be a SFTI access center, a third-party access center, or both),
another User, or a third party vendor.
    Users that opt to use the proposed Access would not receive access
that is not available to all Users, as all market participants that
contract with Global OTC may receive access. In this way, the proposed
changes would enhance competition by helping Users tailor their Access
to the needs of their business operations by allowing them to select
the form and latency of access and connectivity that best suits their
needs.

    The Exchange believes that the proposed change would not impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act because it would treat
connectivity to the Global OTC System the same as connectivity to the
execution system of other ATSs. Specifically, they would all be Third
Party Systems subject to the same fees. In addition, the proposed
treatment of Global OTC would be consistent with its treatment in other
contexts. The Exchange also treats Global OTC as a third party with
respect to connectivity to Third Party Data Feeds.\24\
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    \24\ Supra note 13.
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    Currently, connectivity to the Third Party Systems is over the IP
network. The Exchange believes that allowing Users to connect to the
Global OTC System over either the IP network or LCN would not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Currently, the Third Party
Systems include two ATS, of which the Exchange believes OTC Markets is
the most comparable to Global OTC, although Global OTC is substantially
the smaller of the two.\25\ While an LCN connection provides lower
latency than the IP network, that latency difference is relevant, as a
practical matter, only for connections within the Mahwah data center,
where the Global OTC System is located. When connecting to a
comparable, competing ATS located in another data center, such as OTC
Markets, Users within the Mahwah data center would incur geographical
latency that would dwarf any differences between the IP network and
LCN. Furthermore, it is the Exchange's understanding that market
participants trading in non-NMS securities tend to be less latency
sensitive due to the smaller pools of liquidity in the over-the-counter
markets.
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    \25\ Both Global OTC and the OTC Markets are inter-dealer
quotation systems. The third is the OTC Bulletin Board, a facility
of the Financial Industry Regulatory Authority. Global OTC's market
share is approximately 10% of average daily volume of trades of
over-the-counter equities, compared to OTC Markets' market share of
approximately 90% of average daily volume of trades. See https://www.globalotc.com/brokers/market-share.
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    Allowing Users to connect to the Global OTC System would be
consistent with the treatment of Third Party Data Feeds, where
connectivity is over the IP network, with the exception that Users can
connect to Global OTC and one other Third Party Data Feed over the IP
network or LCN.\26\
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    \26\ Supra note 14.
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    The Exchange operates in a highly competitive market in which
exchanges offer co-location services as a means to facilitate the
trading and other market activities of those market participants who
believe that co-location enhances the efficiency of their operations.
Accordingly, fees charged for co-location services are constrained by
the active competition for the order flow of, and other business from,
such market participants. If a particular exchange charges excessive
fees for co-location services, affected market participants will opt to
terminate their co-location arrangements with that exchange, and adopt
a possible range of alternative strategies, including placing their
servers in a physically proximate location outside the exchange's data
center (which could be a competing exchange), or pursuing strategies
less dependent upon the lower exchange-to-participant latency
associated with co-location. Accordingly, the exchange charging
excessive fees would stand to lose not only co-location revenues but
also the liquidity of the formerly co-located trading firms, which
could have additional follow-on effects on the market share and revenue
of the affected exchange. For the reasons described above, the Exchange
believes that the proposed rule change reflects this competitive
environment.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \27\ and Rule 19b-4(f)(6) thereunder.\28\
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.\29\
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    \27\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \28\ 17 CFR 240.19b-4(f)(6).
    \29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of its
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.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \30\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \30\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSENAT-2019-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSENAT-2019-03. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official

business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSENAT-2019-03 and should be submitted on or before April 25, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06507 Filed 4-3-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Page 32153]
[FR Doc No: 2022-11451]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-1927-000]

Sunnybrook Farm Solar, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Sunnybrook Farm Solar, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 13, 2022.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street, NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-11451 Filed 5-26-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88249-88251]
[FR Doc No: 2023-28103]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3, 100, 165

[Docket Number USCG-2023-0970]
RIN 1625-AA00

Coast Guard Sector Sault Sainte Marie; Sector Name Conforming
Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The rule makes non-substantive changes to Coast Guard
regulations in association with a change in the Coast Guard's internal
organization. The purpose of this rule is to reflect that U.S. Coast
Guard Sector Sault Sainte Marie has been renamed U.S. Coast Guard
Sector Northern Great Lakes. This rule will have no substantive effect
on the regulated public.

DATES: This rule is effective without actual notice December 21, 2023.
For the purposes of enforcement, actual notice will be used from
December 1, 2023, until December 21, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0970 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Chief Warrant Officer Charles Palmer, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCMI Officer in Charge of Marine Inspections
OFCO Operating Facility Change Order
SAR Search and Rescue
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    For the last several years, the Coast Guard has sought to better
align the names of its assets to correspond to the area of
responsibility which they serve. Review of the missions and engagements
within the northern Great Lakes region highlighted that ``Sector Sault
Sainte Marie'' alone did not adequately capture the breadth and range
of Coast Guard operations and relationships throughout the region. The
Coast Guard has approved the name change to U.S. Coast Guard Sector
Northern Great Lakes to acknowledge the long-standing commitment to all
communities of the region and to reaffirm the multi-mission support
that the Coast Guard provides to ensure safety at sea and enhanced
maritime governance. The geographic boundaries of Sector Northern Great
Lakes are not changing, and its office is not moving from Sault Sainte
Marie, MI.
    We did not publish a notice of proposed rulemaking (NPRM) before
this final rule. The Coast Guard finds that this rule is exempt from
notice and comment rulemaking requirements under 5 U.S.C. 553(b)(A)
because the changes it makes are conforming amendments involving agency
organization. The Coast Guard also finds good cause exists under 5
U.S.C. 553(b)(B) for not publishing an NPRM because the changes will
have no substantive effect on the public and notice and comment are
therefore unnecessary. For the same reasons, the Coast Guard finds good
cause exists under 5 U.S.C. 553(d)(3) to make the rule effective fewer
than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C.
504(a)(2), as delegated at 33 CFR 1.05-1(h), to issue regulations
necessary to implement technical, organizational, and conforming
amendments and corrections to rules, regulations, and notices.
    On November 06, 2023, the Coast Guard issued Operating Facility
Change Order (OFCO) No. 037-23 which changed the official unit name of
U.S. Coast Guard Sector Sault Sainte Marie to U.S. Coast Guard Sector
Northern Great Lakes. The previous name of Sector Sault Sainte Marie is
described and reflected in regulations, which also contain contact
details and other references to Sector Sault Sainte Marie. These
conforming amendments update those regulations so that they contain
current information.
    Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has
the authority to establish and prescribe the purpose of Coast Guard
Shore establishments. This authority has been delegated to the Chief of
the Coast Guard's Office of Regulations and Administrative Law under 33
CFR 1.05-1(h).

IV. Discussion of the Rule

    OFCO No. 037-23, issued November 06, 2023, changed the official
unit name of U.S. Coast Guard Sector Sault Sainte Marie to U.S. Coast
Guard Sector Northern Great Lakes. The November 2023 OFCO did not
change the area of responsibility (AOR). The AOR of U.S. Coast Guard
Sector Northern Great Lakes is identical to that of what was U.S. Coast
Guard Sector Sault Sainte Marie. All authorities and responsibilities
previously assigned to Commander, U.S. Coast Guard Sector Sault Sainte
Marie have been assigned to Commander, U.S. Coast Guard Sector Northern
Great Lakes. Additionally, all authorities that were vested in the
Commander, U.S. Coast Guard Sector Sault Sainte Marie as it pertains to
the COTP, the OCMI, the Federal On Scene Coordinator, the Federal
Maritime Security Coordinator, and the Search and Rescue Coordinator,
have been assigned to Commander, U.S. Coast Guard Sector Northern Great
Lakes. This rule does not change any sector, OCMI, or COTP zone
boundary lines, nor does

it have any substantive impact on existing regulated navigation area,
safety zone, or security zone regulation, or any naval vessel
protection zones.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the finding that
the name change will have no substantive effect on the public.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    For the reasons stated in section V.A. above, this rule will not
have a significant economic impact on any member of the public,
including ``small entities.''
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule consists only of
an organizational amendment. It is categorically excluded from further
review under paragraph L3 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1, Implementation of the National
Environmental Policy Act.

List of Subjects

33 CFR Part 3

    Organization and functions (Government agencies).

33 CFR Part 100

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

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 amends
33 CFR parts 3, 100, and 165 as follows:

PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION
ZONES, AND CAPTAIN OF THE PORT ZONES

0
1. The authority citation for part 3 continues to read as follows:

    Authority: 14 U.S.C. 501, 504; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.

Sec.  3.45-45  [Amended]

0
2. Amend Sec.  3.45-45 by removing the words ``Sector Sault Ste.
Marie'' and adding in their place the words ``Sector Northern Great
Lakes'' in the section heading and removing the words ``Sector Sault
Ste. Marie's'' and adding in their place the words ``Sector Northern
Great Lakes' '' in the introductory text and paragraph (a).

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

Sec.  100.901   [Amended]

0
4. Amend Sec.  100.901 in table 1 by removing the words ``Sector Sault
Ste. Marie'' and adding in their place the words ``Sector Northern
Great Lakes'' in the center heading above the entry ``(1) Bridgefest
Regatta Sponsor: Bridgefest Committee''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
5. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

Sec.  165.918  [Amended]

0
6. Amend Sec.  165.918 by removing the words ``Port Sault Sainte
Marie'' and adding in their place the words ``Port Northern Great
Lakes'' in the section heading and wherever they appear in paragraphs
(a)(1) through (3), (b), (d), and (e).

Sec.  165.928  [Amended]

0
7. Amend Sec.  165.928 in paragraph (g) by removing the words ``Sault
Ste. Marie'' and adding in their place the words ``Northern Great
Lakes''.

Sec.  165.944  [Amended]

0
8. Amend Sec.  165.944 in paragraphs (d)(1) and (e) by removing the
words ``Sault Sainte Marie'' and adding in their place the words
``Northern Great Lakes''.

    Dated: December 18, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-28103 Filed 12-20-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76328-76329]
[FR Doc No: 2014-29881]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9920-69-Region 6]

Final National Pollutant Discharge Elimination System (NPDES)
General Permit for Municipal Separate Storm Sewer Systems in the Middle
Rio Grande Watershed in New Mexico (NMR04A000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final NPDES general permit issuance.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 6 Water
Quality Protection Division, today announces issuance of the National
Pollutant Discharge Elimination System (NPDES) general permit for storm
water discharges from municipal separate storm sewer systems (MS4s)
located in the Middle Rio Grande Watershed in the State of New Mexico.
The permit offers discharge authorization to regulated MS4s within the
boundaries of the Bureau of the Census-designated 2000 and 2010
Albuquerque Urbanized Areas and any other MS4s in the watershed
designated by the Director as needing a MS4 permit. This permit is
intended to replace both the individual NPDES Permit NMS000101 issued
on January 31, 2012, and the expired general permits NMR040000 and
NMR04000I for dischargers in this watershed area.
    EPA Region 6 proposed the draft permit in the Federal Register on
May 1, 2013. EPA Region 6 has considered all comments received and has
made changes to the proposed permit. A copy of the EPA Region 6's
response to comments, a final fact sheet, and the final permit may be
obtained from the EPA Region 6 internet site: http://epa.gov/region6/water/npdes/sw/ms4/index.htm

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, Region 6, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone:<PHONE_NUMBER>.

DATES: This permit is effective on, and is deemed issued for the
purpose of judicial review, December 22, 2014 and expires December 19,
2019. Under section 509(b) of the CWA, judicial review of this general
permit can be held by filing a petition for review in the United States
Court of Appeals within 120 days after the permit is considered issued
for judicial review. Under section 509(b)(2) of the CWA, the
requirements in this permit may not be challenged later in civil or
criminal proceedings to enforce these

requirements. In addition, this permit may not be challenged in other
agency proceedings.

SUPPLEMENTARY INFORMATION: Highlights of changes from the proposed
permit include the following. All changes are discussed in the response
to comments documents.
     If seeking alternative sub-measureable goals for TMDL
controls, the permit requires permittees to submit a preliminary
proposal with the Notice of Intent (NOI).
     Added a polychlorinated biphenyl (PCB) strategy
requirement in Bernalillo County drainage areas.
     Incorporated requirements resulting from the Endangered
Species Act (ESA) consultation in Part I.C.3 of the permit.
     Revised schedules in Activity Tables 1.a through 10.
     Clarified and revised the language related to post
construction runoff and stormwater quality design standards.
     Added an option, Ground Water Replenishment Project, to
provide an opportunity to replenish regional ground water supplies when
infeasible to implement storm water quality design standards.
     Clarified seasonal monitoring periods and sampling
methodology.
     Included information for electronic submittal of NOI and
revised Annual Report deadline.
     Other minor changes and clarifications.

Other Legal Requirements

A. State and Tribal Certification

    Under section 401(a)(1) of the CWA, EPA may not issue a NPDES
permit until the State or Tribal authority in which the discharge will
occur grants or waives certification to ensure compliance with
appropriate requirements of the CWA and State law. The New Mexico
Environment Department issued the 401 certification on September 13,
2013. The Pueblo of Sandia issued the 401 certification on July 1,
2013. The Pueblo of Isleta issued the 401 certification on October 29,
2014.

B. Other Regulatory Requirements

    The Endangered Species Act (ESA) of 1973 requires Federal Agencies
such as EPA to ensure, in consultation with the U.S. Fish and Wildlife
Service (FWS) and the National Marine Fisheries Service (NMFS) (also
known collectively as the ``Services''), that any actions authorized,
funded, or carried out by the Agency (e.g., EPA issued NPDES permits
authorizing discharges to waters of the United States) are not likely
to jeopardize the continued existence of any Federally-listed
endangered or threatened species or adversely modify or destroy
critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR 402
and 40 CFR 122.49(c)). The scope of today's permit action is consistent
with U.S. FWS Biological Opinion dated August 21, 2014.

    Dated: December 11, 2014.
William K. Honker,
Water Quality Protection Division, EPA Region 6.
[FR Doc. 2014-29881 Filed 12-19-14; 8:45 am]
BILLING CODE P


[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37810-37812]
[FR Doc No: 2012-15512]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0201]
RIN 1625-AA08

Special Local Regulations; ODBA Draggin' on the Waccamaw,
Atlantic Intracoastal Waterway, Bucksport, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations on
the Atlantic Intracoastal Waterway in Bucksport, South Carolina during
the ODBA Draggin' on the Waccamaw, a series of high-speed boat races.
The event will take place on Saturday, June 23, 2012 and Sunday, June
24, 2012. Approximately 40 high-speed race boats are anticipated to
participate in the races. These special local regulations are necessary
to provide for the safety of life and property on navigable waters of
the United States during the event. These special local regulations
will temporarily restrict vessel traffic in a portion of the Atlantic
Intracoastal Waterway. Persons and vessels that are not participating
in the races will be prohibited from entering, transiting through,
anchoring in, or remaining within the regulated area unless authorized
by the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 11:30 a.m. on June 23, 2012 through
7:30 p.m. on June 24, 2012. This rule will be enforced daily from 11:30
a.m. until 7:30 p.m. on June 23, 2012 through June 24, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0201 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0201 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the 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, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Ensign John R. Santorum, Sector
Charleston Waterways Management Division, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 24, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations; ODBA Draggin' on the
Waccamaw, Atlantic Intercoastal Waterway, Bucksport, SC in the Federal
Register (76 FR 79571). We received no comments on the proposed rule.
No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest. The
Coast Guard published an NPRM for this event, but did not have
sufficient time to publish a Final Rule more than 30 days prior to the
event. Rescheduling the event to accommodate the delayed effective date
would be contrary to the public interest of the event organizers,
sponsors and participants who expect the event to take place as
scheduled.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life and property on navigable waters of
the United States during the ODBA Draggin' on the Waccamaw boat races.

Discussion of Rule

    On Saturday, June 23, 2012 and Sunday, June 24, 2012, the Outboard
Drag Boat Association (ODBA) will host Draggin' on the Waccamaw, a
series of high-speed boat races. The event will be held on a portion of
the Atlantic Intracoastal Waterway in Bucksport, South Carolina.
Approximately 40 high-speed race boats are anticipated to participate
in the races.
    The special local regulations encompass certain waters of the
Atlantic Intracoastal Waterway in Bucksport, South Carolina. The
special local regulations will be enforced daily from 11:30 a.m. until
7:30 p.m. on June 23, 2012 through June 24, 2012. The special local
regulations consist of a regulated area around vessels participating in
the event. The regulated area is as follows: All waters of the Atlantic
Intracoastal Waterway encompassed within an

Imaginary line connecting the following points; starting at point 1 in
position 33[deg]39'11.46'' N 079[deg]05'36.78'' W; thence west to point
2 in position 33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence south to
point 3 in position 33[deg]38'39.48'' N 079[deg]05'37.44'' W; thence
east to point 4 in position 33[deg]38'42.3'' N 079[deg]05'30.6'' W;
thence north back to origin. All coordinates are North American Datum
1983. Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the regulated area by contacting the Captain of the Port Charleston by
telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16 to seek authorization. If authorization to enter,
transit through, anchor in, or remain within the regulated area is
granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such permission must
comply with the instructions of the Captain of the Port Charleston or a
designated representative. The Coast Guard will provide notice of the
regulated areas by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this rule under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be in
enforced for only sixteen hours over a two-day period; (2) although
persons and vessels will not be able to enter, transit through, anchor
in, or remain within the regulated area without authorization from the
Captain of the Port Charleston or a designated representative, they may
operate in the surrounding area during the effective period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the regulated area if authorized by the Captain of the
Port Charleston or a designated representative; and (4) the Coast Guard
will provide advance notification of the regulated area to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Atlantic Intracoastal Waterway encompassed within the regulated area
from 11:30 a.m. until 7:30 p.m. on June 23, 2012 and June 24, 2012. For
the reasons discussed in the Regulatory Planning and Review section
above, this rule will not have a significant economic impact on a
substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

    This 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.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to

health or risk to safety that may disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph (34)
(h), of the Instruction. This rule involves special local regulations
issued in conjunction a regatta or marine parade. Under figure 2-1,
paragraph (34) (h), of the instruction, an environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0201 to read as follows:

Sec.  100.35T07-0201  Special Local Regulations; ODBA Draggin' on the
Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC.

    (a) Regulated Area. The following regulated area is established as
a special local regulation: All waters of the Atlantic Intracoastal
Waterway encompassed within an Imaginary line connecting the following
points; starting at point 1 in position 33[deg]39'11.46'' N
079[deg]05'36.78'' W; thence west to point 2 in position
33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence south to point 3 in
position 33[deg]38'39.48'' N 079[deg]05'37.44'' W; thence east to point
4 in position 33[deg]38'42.3'' N 079[deg]05'30.6'' W; thence north back
to origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
areas unless authorized by the Captain of the Port Charleston or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16 to seek authorization. If
authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
permission must comply with the instructions of the Captain of the Port
Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners, Local Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 11:30
a.m. until 7:30 p.m. on June 23, 2012 through June 24, 2012.

    Dated: June 6, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-15512 Filed 6-21-12; 11:15 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Proposed Rules]
[Pages 62495-62498]
[FR Doc No: 2013-24727]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0763; Notice No. 25-13-07-SC]

Special Conditions: Learjet Model 35, 35A, 36, and 36A Airplanes;
Rechargeable Lithium-Ion Batteries and Battery Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Learjet Model
35, 35A, 36, and 36A airplanes. These airplanes, as modified by
Peregrine, 13000 E. Control Tower Road, Unit K-4, Englewood, CO, 80112,
will have a novel or unusual design feature associated with
rechargeable lithium-ion batteries and battery systems. These batteries
have certain failure, operational, and maintenance characteristics that
differ significantly from those of the nickel-cadmium and lead-acid
rechargeable batteries currently approved for installation on large
transport-category airplanes. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for this design
feature.

These proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: Send your comments on or before November 12, 2013.

ADDRESSES: Send comments, identified by docket number FAA-2013-0763,
using any of the following methods:
     Federal eRegulations Portal: Go to http://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 (DOT), 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 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. 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 federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane and
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On June 29, 2012, Peregrine applied for a supplemental type
certificate for installing equipment that uses rechargeable lithium-ion
battery systems in Learjet Model 35, 35A, 36, and 36A airplanes. The
Learjet Model 35, 35A, 36, and 36A airplanes are small transport-
category airplanes powered by two turbojet engines, with maximum
takeoff weights of up to 18,000 pounds. These airplanes operate with a
two-pilot crew and can seat up to eight passengers. The Learjet Model
35, 35A, 36, and 36A airplanes are powered by two Garrett TF731-2-2B
engines, and are equipped with an emergency power supply and software-
configurable avionics.
    Existing airworthiness regulations did not anticipate the use of
lithium-ion batteries and battery systems on aircraft. Lithium-ion
batteries and battery systems have new hazards that were not
contemplated when the existing regulations were issued. In Title 14,
Code of Federal Regulations (14 CFR) 25.1353, the FAA provided an
airworthiness standard for lead-acid batteries and nickel-cadmium
batteries. These special conditions provide an equivalent level of
safety as that of the existing regulation. The current regulations are
not adequate for rechargeable lithium-battery and battery system
installations. Additional lithium-battery and battery system special
conditions are required to ensure the same level of safety as set forth
by the existing regulation intended for other battery technology.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Peregrine must show that the
Learjet Model 35, 35A, 36, and 36A airplanes, as changed, continue to
meet the applicable provisions of the regulations incorporated by
reference in Type Certificate No. A10CE or the applicable regulations
in effect on the date of application for the change. The regulations
incorporated by reference in the type certificate are commonly referred
to as the ``original type certification basis.'' The regulations
incorporated by reference in Type Certificate No. A10CE are as follows:
    Title 14, Code of Federal Regulations part 25, effective February
1, 1965, as amended by Amendments 25-1, 25-2, 25-4, 25-7, 25-18, and
Sec.  25.571(d) of Amendment 25-10; Special Conditions set forth in FAA
letter to Learjet dated March 1, 1967; Special Conditions No. 25-50-CE-
6 dated April 18, 1973, and Amendment 1 dated September 18, 1973. The
certification basis for Models 35A and 36A also includes Special
Conditions No. 25-72-CE-8 dated November 3, 1976, and Amendment 1 dated
March 14, 1978. The certification basis for Model 35A, in addition to
the basis listed above, includes Special Conditions 25-ANM-28 dated May
3, 1989. In addition, the certification basis includes certain later
amended sections of the applicable part 25 regulations that are not
relevant to these special conditions.
    If the regulations incorporated by reference do not provide
adequate standards regarding the change, the applicant must comply with
certain regulations in effect on the date of application for the
change.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Learjet Model 35, 35A, 36, and 36A
airplanes because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate, to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Learjet Model 35, 35A, 36, and 36A airplanes must
comply with the fuel-vent and exhaust-emission requirements of 14 CFR
part 34, and the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Learjet Model 35, 35A, 36, and 36A airplanes will incorporate
the

following novel or unusual design features: a Mid-Continent MD835-5
Emergency Power Supply that uses a rechargeable lithium-ion battery and
battery system. Lithium-ion batteries and battery systems have certain
failure, operational, and maintenance characteristics that differ
significantly from those of the nickel-cadmium and lead-acid
rechargeable batteries. Rechargeable lithium-ion batteries and battery
systems are considered to be a novel or unusual design feature in
transport-category airplanes, with respect to the requirements in 14
CFR 25.1353.

Discussion

    The current regulations governing installation of batteries in
large transport-category airplanes were derived from Civil Air
Regulations (CAR) part 4b.625(d) as part of the re-codification of CAR
4b that established 14 CFR part 25 in February 1965. The new battery
requirements, Sec.  25.1353(c)(1) through (c)(4), basically reworded
the CAR requirements.
    Increased use of nickel-cadmium batteries in small airplanes
resulted in increased incidents of battery fires and failures which led
to additional rulemaking affecting large transport-category airplanes
as well as small airplanes. On September 1, 1977 and March 1, 1978, the
FAA issued Sec.  25.1353(c)(5) and (c)(6), respectively, governing
nickel-cadmium battery installations on large transport-category
airplanes.
    The proposed use of lithium-ion batteries and battery systems for
equipment and systems on the Learjet Model 35, 35A, 36, and 36A
airplanes has prompted the FAA to review the adequacy of these existing
regulations. Our review indicates that the existing regulations do not
adequately address several failure, operational, and maintenance
characteristics of lithium-ion batteries and battery systems that could
affect the safety and reliability of the MD835-5 Emergency Power Supply
installations.
    At present, commercial aviation has limited experience with use of
rechargeable lithium-ion batteries and battery systems in applications
involving commercial aviation. However, other users of this technology,
ranging from wireless telephone manufacturers to the electric-vehicle
industry, have noted potential hazards with lithium-ion batteries and
battery systems. These problems include overcharging, over-discharging,
and flammability of cell components.

1. Overcharging

    In general, lithium-ion batteries and battery systems are
significantly more susceptible to internal failures that can result in
self-sustaining increases in temperature and pressure (i.e., thermal
runaway) than their nickel-cadmium or lead-acid counterparts. This
condition is especially true for overcharging, which causes heating and
destabilization of the components of the cell, leading to the formation
(by plating) of highly unstable metallic lithium. The metallic lithium
can ignite, resulting in a self-sustaining fire or explosion. Finally,
the severity of thermal runaway, due to overcharging, increases with
increasing battery capacity due to the higher amount of electrolyte in
large batteries.

2. Over-Discharging

    Discharge of some types of lithium-ion batteries and battery
systems, beyond a certain voltage (typically 2.4 volts), can cause
corrosion of the electrodes of the cell, resulting in loss of battery
capacity that cannot be reversed by recharging. This loss of capacity
may not be detected by the simple voltage measurements commonly
available to flightcrews as a means of checking battery status--a
problem shared with nickel-cadmium batteries.

3. Flammability of Cell Components

    Unlike nickel-cadmium and lead-acid batteries, some types of
lithium-ion batteries and battery systems use liquid electrolytes that
are flammable. The electrolyte can serve as a source of fuel for an
external fire, if there is a breach of the battery container.
    The problems lithium-ion battery and battery-system users
experience raise concern about the use of these batteries in commercial
aviation. The intent of the proposed special conditions is to establish
appropriate airworthiness standards for lithium-ion battery
installations in the Learjet Model 35, 35A, 36, and 36A airplanes and
to ensure, as required by Sec. Sec.  25.1309 and 25.601, that these
lithium-ion batteries and battery systems are not hazardous or
unreliable. To address these concerns, these special conditions adopt
the following requirements:
     Those sections of 14 CFR 25.1353 that are applicable to
lithium ion batteries.
     The flammable fluid fire protection requirements of 14 CFR
25.863. In the past, this rule was not applied to batteries of
transport category airplanes, since the electrolytes used in lead-acid
and nickel-cadmium batteries are not flammable.
     New requirements to address the hazards of overcharging
and over-discharging that are unique to lithium ion batteries.
     New maintenance requirements to ensure that batteries used
as spares are maintained in an appropriate state of charge.
    These special conditions are similar to lithium-ion batteries and
battery systems special conditions adopted for numerous other aircraft,
including Boeing Model 787 (72FR57842; October 11, 2007).

Applicability

    As discussed above, these special conditions are applicable to the
Learjet Model 35, 35A, 36, and 36A airplanes. Should Peregrine apply at
a later date for a supplemental type certificate to modify any other
model included on Type Certificate No. A10CE, to incorporate the same
novel or unusual design feature, the special conditions would apply to
that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability
and it affects only the applicant who applied to the FAA for approval
of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for the Learjet Model 35, 35A, 36, and 36A airplanes modified by
Peregrine.
    These proposed special conditions require that (1) all
characteristics of the rechargeable lithium-ion batteries and battery
systems, and their installation, that could affect safe operation of
the Learjet Model 35, 35A, 36, and 36A airplanes, are addressed, and
(2) appropriate Instructions for Continued Airworthiness, which include
maintenance requirements, are established to ensure the availability of
electrical power, when needed, from the batteries.
    The FAA proposes that the following special conditions apply to all
rechargeable lithium-ion batteries and battery systems on Learjet Model
35, 35A, 36, and 36A airplanes, in lieu of

the requirements of Sec.  25.1353(b)(1) through (b)(4) at Amendment 25-
113:
    Rechargeable lithium-ion batteries and battery systems on Learjet
Model 35, 35A, 36, and 36A airplanes must be designed and installed as
follows:
    1. Safe cell temperatures and pressures must be maintained during
any foreseeable charging or discharging condition, and during any
failure of the charging or battery monitoring system not shown to be
extremely remote. The rechargeable lithium-ion batteries and battery
systems must preclude explosion in the event of those failures.
    2. Design of the rechargeable lithium-ion batteries and battery
systems must preclude the occurrence of self-sustaining, uncontrolled
increases in temperature or pressure.
    3. No explosive or toxic gases emitted by any rechargeable lithium-
ion batteries and battery systems in normal operation, or as the result
of any failure of the battery charging system, monitoring system, or
battery installation that is not shown to be extremely remote, may
accumulate in hazardous quantities within the airplane.
    4. Installations of rechargeable lithium-ion batteries and battery
systems must meet the requirements of Sec.  25.863(a) through (d).
    5. No corrosive fluids or gases that may escape from any lithium-
ion batteries and battery systems may damage surrounding structure or
any adjacent systems, equipment, or electrical wiring of the airplane
in such a way as to cause a major or more severe failure condition, in
accordance with Sec.  25.1309(b) and applicable regulatory guidance.
    6. Each lithium-ion battery and battery system must have provisions
to prevent any hazardous effect on structure or essential systems
caused by the maximum amount of heat the battery can generate during a
short circuit of the battery or of its individual cells.
    7. Rechargeable lithium-ion batteries and battery systems must have
a system to automatically control the charging rate of the battery, so
as to prevent battery overheating or overcharging, and:
    i. A battery-temperature sensing and over-temperature warning
system with a means for automatically disconnecting the battery from
its charging source in the event of an over-temperature condition, or,
    ii. A battery-failure sensing and warning system with a means for
automatically disconnecting the battery from its charging source in the
event of battery failure.
    8. Any rechargeable lithium-ion batteries and battery systems, the
function of which are required for safe operation of the airplane, must
incorporate a monitoring and warning feature that will provide an
indication to the appropriate flight crewmembers whenever the state-of-
charge of the batteries has fallen below levels considered acceptable
for dispatch of the airplane.
    9. The Instructions for Continued Airworthiness required by Sec.
25.1529 must contain maintenance requirements to assure that the
lithium-ion batteries are sufficiently charged at appropriate intervals
specified by the battery manufacturer and the equipment manufacturer of
the rechargeable lithium-ion battery or rechargeable lithium-ion
battery system. This is required to ensure that rechargeable lithium-
ion batteries and battery systems will not degrade below specified
ampere-hour levels sufficient to power the aircraft system, for
intended applications. The Instructions for Continued Airworthiness
must also contain procedures for the maintenance of batteries in spares
storage to prevent the replacement of batteries with batteries that
have experienced degraded charge-retention ability or other damage due
to prolonged storage at a low state of charge. Replacement batteries
must be of the same manufacturer and part number as approved by the
FAA. Precautions should be included in the Instructions for Continued
Airworthiness maintenance instructions to prevent mishandling of the
rechargeable lithium-ion batteries and battery systems, which could
result in short-circuit or other unintentional impact damage caused by
dropping or other destructive means.

    Note 1: The term ``sufficiently charged''' means that the
battery will retain enough of a charge, expressed in ampere-hours,
to ensure that the battery cells will not be damaged. A battery cell
may be damaged by lowering the charge below a point where the
battery experiences a reduction in the ability to charge and retain
a full charge. This reduction would be greater than the reduction
that may result from normal operational degradation.

    Note 2: These special conditions are not intended to replace
Sec.  25.1353(b) at Amendment 25-113 in the certification basis for
Learjet Model 35, 35A, 36, and 36A airplanes. These special
conditions apply only to rechargeable lithium-ion batteries and
battery systems and their installations. The requirements of Sec.
25.1353(b) at Amendment 25-113 remain in effect for batteries and
battery installations on Learjet Model 35, 35A, 36, and 36A
airplanes that do not use rechargeable lithium-ion batteries.

    Issued in Renton, Washington, on September 19, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-24727 Filed 10-21-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83184-83185]
[FR Doc No: 2023-26117]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 35056; 812-15506]

Meketa Infrastructure Fund and Meketa Capital, LLC

November 21, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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

    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and 23(c) of
the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.

Summary of Application: Applicants request an order to permit certain
registered closed-end investment companies to issue multiple classes of
shares and to impose early withdrawal charges and asset-based
distribution and/or service fees.

Applicants: Meketa Infrastructure Fund and Meketa Capital, LLC.

Filing Dates: The application was filed on September 14, 2023, and
amended on October 17, 2023.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on December
18, 2023, and should be accompanied by proof of service on the
Applicants, in the form of an affidavit, or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Chelsea Childs, Esq., Ropes & Gray LLP, [email protected].

FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special
Counsel, at<PHONE_NUMBER> (Division of Investment Management, Chief
Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' application,
dated October 17, 2023, which may be obtained via the Commission's
website by searching for the file number at the top of this document,
or for an Applicant using the Company name search field on the SEC's
EDGAR system. The SEC's EDGAR system may be searched at https://
www.sec.gov/edgar/searchedgar/

legacy/companysearch.html. You may also call the SEC's Public Reference
Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-26117 Filed 11-27-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2205-2206]
[FR Doc No: 2016-00710]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14439-001]

Hawks Nest Hydro, LLC; Notice of Application Tendered for Filing
With the Commission and Establishing Procedural Schedule for Licensing
and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 14439-001.
    c. Date Filed: December 29, 2015.
    d. Applicant: Hawks Nest Hydro, LLC (Hawks Nest Hydro).
    e. Name of Project: Glen Ferris Hydroelectric Project.
    f. Location: The existing project is located on the Kanawha River,
in Fayette County, West Virginia. The project does not occupy any
federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Steven Murphy, Manager, Licensing, Brookfield
Renewable Energy Group, 33 West 1st Street South, Fulton, New York
13069; Telephone<PHONE_NUMBER>.
    i. FERC Contact: Monir Chowdhury,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. Project Description: The existing Glen Ferris Hydroelectric
Project consists of: (1) A low concrete dam with a maximum height of 12
feet above the river bed and a crest elevation of 651.0 feet National
Geodetic Vertical Datum of 1929 (NGVD29), consisting of (from left to
right--looking downstream) (i) a 590-foot-long spillway section that
generally curves upstream; (ii) a 128-foot-long five-bay stoplog
sluice; (iii) a 2,132-foot-long right spillway that runs diagonally in
a downstream direction; (iv) a trash sluice section; (v) a 54-foot-long
by 38-foot-wide east powerhouse with a 62-foot-wide intake structure;
and (vi) a 64.5-foot-long by 63-foot-wide west powerhouse with a 82.3-
foot-wide intake structure, with both powerhouses integral to the dam;
(2) a 190-acre reservoir with a gross storage capacity of approximately
1,500 acre-feet at the dam crest elevation of 651.0 feet NGVD29; (3)
two turbine-generator units in the east powerhouse, each with a rated
capacity of approximately 1.9 megawatts (MW); (4) six turbine-generator
units in the west powerhouse, each with a rated capacity of
approximately 0.4 MW; (5) a 4-mile-long, 13.8-kilovolt transmission
line; and (6) appurtenant facilities.
    The project is currently operated in a run-of-river mode with no
usable storage capacity. Hawks Nest Hydro proposes to continue run-of-
river operation. The project generates an annual average of 41,482
megawatt-hours.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready     February 2016.
 for Environmental Analysis.
Filing of recommendations, preliminary   April 2016.
 terms and conditions, and fishway
 prescriptions.
Commission issues EA...................  August 2016.
Comments on EA.........................  September 2016.
Modified Terms and Conditions..........  November 2016.
Commission Issues Final EA, if           February 2017.
 necessary.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: January 11, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-00710 Filed 1-14-16; 8:45 am]
BILLING CODE 6717-01-P