[Federal Register: February 10, 2010 (Volume 75, Number 27)]
[Notices]
[Page 6773-6776]
[DOCID:fr10fe10-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61483; File Nos. SR-CBOE-2010-007; SR-ISE-2009-106; SR-
NYSEAmex-2009-86; and SR-NYSEArca-2009-110]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated, International Securities Exchange, LLC, NYSE Amex LLC,
and NYSE Arca, Inc.; Order Granting Approval of Proposed Rule Changes
and Notice of Filing and Order Granting Accelerated Approval of a
Proposed Rule Change Relating to Listing and Trading Options on the
ETFS Gold Trust and the ETFS Silver Trust

February 3, 2010.

    Three options exchanges filed with the Securities and Exchange
Commission (``Commission'') proposed rule changes pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 \2\ thereunder to list and trade options on shares of the ETFS
Gold Trust and the ETFS Silver Trust (collectively ``ETFS Options'').
Specifically, NYSE Amex LLC (``NYSE Amex'') and NYSE Arca, Inc. (``NYSE
Arca'') both submitted their proposals on December 4, 2009 and the
International Securities Exchange, LLC (``ISE'') submitted its proposal
on December 10, 2009. Each proposed rule change was published for
comment in the Federal Register on December 30, 2009 for a 21-day
comment period.\3\ No comments were received on the proposed rule
changes. This order approves the proposed rule changes.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 61223 (December 22,
2009), 74 FR 69161; 61222 (December 22, 2009), 74 FR 69182; and
61228 (December 22, 2009), 74 FR 69180.
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    In addition, on January 27, 2010, the Chicago Board Options
Exchange, Incorporated (``CBOE'' or the ``Exchange'') filed with the
Commission the proposed rule change as described in Items I and II
below, which items have been prepared by the CBOE. The proposal
submitted by the CBOE is substantively identical to the proposals of
NYSE Amex, NYSE Arca, and ISE. Pursuant to Section 19(b)(1) of the Act
\4\ and Rule 19b-4 \5\ thereunder, the Commission is publishing this
notice to solicit comments on the CBOE proposed rule change from
interested persons and

is approving the proposal on an accelerated basis.
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 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 certain rules to enable the listing
and trading on the Exchange of options on the ETFS Silver Trust and the
ETFS Gold Trust. The text of the rule proposal is available on the
Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
Office of the Secretary and at the Commission.

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 III 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 Organizations' Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Recently, the Commission authorized CBOE to list and trade options
on the SPDR Gold Trust,\6\ the iShares COMEX Gold Trust and the iShares
Silver Trust.\7\ Now, the Exchange proposes to list and trade options
on the ETFS Silver Trust (``SIVR'') and the ETFS Gold Trust (``SGOL'').
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    \6\ See Securities Exchange Act Release No. 57897 (May 30,
2008), 73 FR 32061 (June 5, 2008) (order approving SR-CBOE-2005-11).
    \7\ See Securities Exchange Act Release No. 59055 (December 4,
2008), 73 FR 75148 (December 10, 2008) (order approving SR-CBOE-
2008-72).
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    Under current Rule 5.3, only Units (also referred to herein as
exchange traded fund (``ETFs'')) representing (i) interests in
registered investment companies (or series thereof) organized as open-
end management investment companies, unit investment trusts or similar
entities that hold portfolios of securities and/or financial
instruments including, but not limited to, stock index futures
contracts, options on futures, options on securities and indexes,
equity caps, collars and floors, swap agreements, forward contracts,
repurchase agreements and reverse purchase agreements (the ``Financial
Instruments''), and money market instruments, including, but not
limited to, U.S. government securities and repurchase agreements (the
``Money Market Instruments'') comprising or otherwise based on or
representing investments in indexes or portfolios of securities and/or
Financial Instruments and Money Market Instruments (or that hold
securities in one or more other registered investment companies that
themselves hold such portfolios of securities and/or Financial
Instruments and Money Market Instruments), or (ii) interests in a trust
or similar entity that holds a specified non-U.S. currency deposited
with the trust or similar entity when aggregated in some specified
minimum number may be surrendered to the trust by the beneficial owner
to receive the specified non-U.S. currency and pays the beneficial
owner interest and other distributions on deposited non-U.S. currency,
if any, declared and paid by the trust, or (iii) commodity pool
interests principally engaged, directly or indirectly, in holding and/
or managing portfolios or baskets of securities, commodity futures
contracts, options on commodity futures contracts, swaps, forward
contracts and/or options on physical commodities and/or non-U.S.
currency, or (iv) represent interests in the streetTRACKS Gold Trust or
the iShares COMEX Gold Trust or the iShares Silver Trust, or (v)
represents an interest in a registered investment company (``Investment
Company'') organized as an open-end management investment company or
similar entity, that invests in a portfolio of securities selected by
the Investment Company's investment adviser consistent with the
Investment Company's investment objectives and policies, which is
issued in a specified aggregate minimum number in return for a deposit
of a specified portfolio of securities and/or a cash amount with a
value equal to the next determined net asset value (``NAV''), and when
aggregated in the same specified minimum number, may be redeemed at a
holder's request, which holder will be paid a specified portfolio of
securities and/or cash with a value equal to the next determined NAV
are eligible as underlying securities for options traded on the
Exchange.\8\ This rule change proposes to expand the types of ETFs that
may be approved for options trading on the Exchange to include SIVR and
SGOL.
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    \8\ See Interpretation and Policy .06 to Rule 5.3.
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    Apart from allowing SIVR and SGOL to be an underlying for options
traded on the Exchange as described above, the listing standards for
ETFs will remain unchanged from those that apply under current Exchange
rules. ETFs on which options may be listed and traded must still be
listed and traded on a national securities exchange and must satisfy
the other listing standards set forth in Interpretation and Policy .06
to Rule 5.3.
    Specifically, in addition to satisfying the aforementioned listing
requirements, Units must meet either (1) the criteria and guidelines
under Rule 5.3 and Interpretation and Policy .01 to Rule 5.3, Criteria
for Underlying Securities; or (2) they must be available for creation
or redemption each business day from or through the issuer in cash or
in kind at a price related to net asset value, and the issuer must be
obligated to issue Units in a specified aggregate number even if some
or all of the investment assets required to be deposited have not been
received by the issuer, subject to the condition that the person
obligated to deposit the investments has undertaken to deliver the
investment assets as soon as possible and such undertaking is secured
by the delivery and maintenance of collateral consisting of cash or
cash equivalents satisfactory to the issuer, as provided in the
respective prospectus.
    The Exchange states that the current continued listing standards
for options on ETFs will apply to options on SIVR and SGOL.
Specifically, under Interpretation and Policy .08 to Rule 5.4, options
on Units may be subject to the suspension of opening transactions as
follows: (1) Following the initial twelve-month period beginning upon
the commencement of trading of the Units, there are fewer than 50
record and/or beneficial holders of the Units for 30 or more
consecutive trading days; (2) the value of the index or portfolio of
securities, non-U.S. currency, or portfolio of commodities including
commodity futures contracts, options on commodity futures contracts,
swaps, forward contracts and/or options on physical commodities and/or
Financial Instruments and Money Market Instruments on which Units are
based is no longer calculated or available; or (3) such other event
occurs or condition exists that in the opinion of the Exchange makes
further dealing on the Exchange inadvisable.
    Additionally, SIVR and SGOL shall not be deemed to meet the
requirements for continued approval, and the Exchange shall not open
for trading any additional series of option contracts of the class
covering SIVR and SGOL, if SIVR and SGOL ceases to be an ``NMS stock''
as provided for in paragraph (f) of Interpretation and Policy .01 of
Rule 5.4 or SIVR and SGOL is halted from trading on its primary market.

    The addition of SIVR and SGOL to Interpretation and Policy .06 to
Rule 5.3 will not have any effect on the rules pertaining to position
and exercise limits \9\ or margin.\10\
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    \9\ See Rules 4.11, Position Limits, and 4.12, Exercise Limits.
    \10\ See Rule 12.3, Margin Requirements.
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    The Exchange represents that its surveillance procedures applicable
to trading in options on SIVR and SGOL will be similar to those
applicable to all other options on other Units currently traded on the
Exchange. The Exchange represents that its surveillance procedures
applicable to trading in options on SIVR and SGOL will be similar to
those applicable to all other options on other ETFs currently traded on
the Exchange. Also, the Exchange may obtain information from the New
York Mercantile Exchange, Inc. (``NYMEX'') (a member of the Intermarket
Surveillance Group) related to any financial instrument that is based,
in whole or in part, upon an interest in or performance of gold or
silver.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \11\ of the Act, in general, and furthers the objectives
of Section 6(b)(5) \12\ in particular in that 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 facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market in a manner consistent with the protection of investors and the
public interest. In particular, the Exchange believes that amending its
rules to accommodate the listing and trading of options on the ETFS
Gold Trust and the ETFS Silver Trust will benefit investors by
providing them with valuable risk management tools.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

III. 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2010-007 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2010-007. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2010-007 and should be
submitted on or before March 3, 2010.

IV. Commission Findings

    After careful consideration, the Commission finds that the proposed
rule changes submitted by CBOE, ISE, NYSE Amex, and NYSE Arca
(collectively, the ``Proposals'') are consistent with the requirements
of the Act and the rules and regulations thereunder applicable to a
national securities exchange \13\ and, in particular, the requirements
of Section 6 of the Act.\14\ Specifically, the Commission finds that
the Proposals are consistent with Section 6(b)(5) of the Act,\15\ which
requires, among other things, that the rules of a national securities
exchange be designed to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest. In accordance with the
Memorandum of Understanding entered into between the Commodity Futures
Trading Commission (``CFTC'') and the Commission on March 11, 2008, and
in particular the addendum thereto concerning Principles Governing the
Review of Novel Derivative Products, the Commission believes that novel
derivative products that implicate areas of overlapping regulatory
concern should be permitted to trade in either or both a CFTC- or
Commission-regulated environment, in a manner consistent with laws and
regulations (including the appropriate use of all available exemptive
and interpretive authority).
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    \13\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(5).
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    As national securities exchanges, each of the CBOE, ISE, NYSE Amex,
and NYSE Arca is required under Section 6(b)(1) of the Act \16\ to
enforce compliance by its members, and persons associated with its
members, with the provisions of the Act, Commission rules and
regulations thereunder, and its own rules. In addition, brokers that
trade ETFS Options will also be subject to best execution obligations
and FINRA rules.\17\ Applicable exchange rules also require that
customers receive appropriate disclosure before trading ETFS
Options.\18\ Further, brokers opening accounts and recommending options
transactions must comply with relevant customer suitability
standards.\19\
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    \16\ 15 U.S.C. 78f(b)(1).
    \17\ See NASD Rule 2320.
    \18\ See CBOE Rule 9.15; ISE Rule 616; NYSE Amex Rule 926; and
NYSE Arca Rule 9.18(g).
    \19\ See FINRA Rule 2360(b); CBOE Rules 9.7 and 9.9; ISE Rules
608 and 610; NYSE Amex Rule 923; and NYSE Arca Rule 918(b)-(c).
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    ETFS Options will trade as options under the trading rules of each
of the exchanges. These rules, among other things, are designed to
avoid trading

through better displayed prices for ETFS Options available on other
exchanges and, thereby, satisfy each exchange's obligation under the
Options Order Protection and Locked/Crossed Market Plan.\20\ Series of
the ETFS Options will be subject to exchange rules regarding continued
listing requirements, including standards applicable to the underlying
ETFS Silver and ETF Gold Trusts. Shares of the ETFS Silver and ETFS
Gold Trusts must continue to be traded through a national securities
exchange or through the facilities of a national securities
association, and must be ``NMS stock'' as defined under Rule 600 of
Regulation NMS.\21\ In addition, the underlying shares must continue to
be available for creation or redemption each business day from or
through the issuer in cash or in kind at a price related to net asset
value.\22\ If the ETFS Silver or ETFS Gold Trust shares fail to meet
these requirements, the exchanges will not open for trading any new
series of the respective ETFS Options.
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    \20\ See CBOE Rule 6.81; ISE Rule 1902; NYSE Amex Rule 991NY;
and NYSE Arca Rule 6.94. Specifically, each of the exchanges is a
participant in the Options Order Protection and Locked/Crossed
Market Plan.
    \21\ 17 CFR 242.600.
    \22\ See Interpretation and Policy .06 to CBOE Rule 5.3; ISE
Rule 502(a)-(b); NYSE Amex Rule 915 Commentary .06; and NYSE Arca
Rule 5.3(a)-(b).
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    CBOE, ISE, NYSE Amex, and NYSE Arca have all represented that they
have surveillance programs in place for the listing and trading of ETFS
Options. For example, these exchanges may obtain trading information
via the ISG from the NYMEX related to any financial instrument traded
there that is based, in whole or in part, upon an interest in, or
performance of, silver or gold. Additionally, the listing and trading
of ETFS Options will be subject to the exchanges' rules pertaining to
position and exercise limits \23\ and margin.\24\
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    \23\ See CBOE Rules 4.11 and 4.12; ISE Rules 412 and 414; NYSE
Amex Rules 904 and 905; and NYSE Arca Rules 6.8 and 6.9.
    \24\ See CBOE Rule 12.3; ISE Rule 1202; NYSE Amex Rule 462; and
NYSE Arca Rules 4.15 and 4.16. See also FINRA Rule 2360(b) and
Commentary .01 to FINRA Rule 2360.
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    In addition, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\25\ for approving the proposed rule change of CBOE
prior to the thirtieth day after the date of publication of notice in
the Federal Register. The Commission notes that CBOE's proposal is
substantively identical to the proposals of ISE, NYSE Amex, and NYSE
Arca, which were published for a 21-day comment period and generated no
comments. Therefore, the Commission does not believe that the CBOE
proposal raises any new regulatory issues different from that of the
ISE, NYSE Amex, and NYSE Arca proposals. Accordingly, the Commission
finds that there is good cause, consistent with Section 6(b)(5) of the
Act,\26\ to approve the CBOE proposal on an accelerated basis.
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    \25\ 15 U.S.C. 78s(b)(2).
    \26\ 15 U.S.C. 78s(b)(5).
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\27\ that the proposed rule changes (SR-ISE-2009-106; SR-NYSEAmex-
2009-86; and SR-NYSEArca-2009-110) be, and are hereby, approved and
that the proposed rule change (SR-CBOE-2010-007) be, and is hereby,
approved on an accelerated basis.
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    \27\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2954 Filed 2-9-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 60970-60971]
[FR Doc No: 2012-24570]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-101-000]

New York Association of Public Power v. Niagara Mohawk Power
Corporation, New York Independent System Operator, Inc.; Notice of
Amendment to Complaint

    Take notice that on September 26, 2012, New York Association of
Public Power (Complainant) filed an amendment to its September 11,
2012, Complaint against Niagara Mohawk Power Corporation and New York
Independent System Operator, Inc. (Respondents) adding an attachment
that was inadvertently deleted from the filed version of the Complaint.
    The Complainant certifies that copies of the complaint were served
on the contacts for the Respondent as listed in the Commission's list
of Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.

Persons unable to file electronically should submit an original and 14
copies of the protest or intervention to the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 9, 2012.

    Dated: September 28, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24570 Filed 10-4-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Pages 888-889]
[FR Doc No: 2020-00085]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

    Docket Numbers: RP20-380-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Sec.  4(d) Rate Filing: Amendment to Negotiated Rate
Service Agreement to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5088.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-381-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Diversified Negotiated Rate
Amendments to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5046.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-382-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: CCRM 2020 to be effective 2/1/
2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5049.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-383-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
January 1 2020 Continental 1011192 to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5053.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-384-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Amended Negotiated Rates--
Total eff 1-1-20 to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5054.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-385-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: 2019-12-31 Negotiated Rate
Agreements to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5056.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-386-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Company Name Change Filing to
be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5058.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-387-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2020-01-01 Castleton,
Koch to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5065.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-388-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Amended Negotiated Rate--EAP
contract 911572 eff 1-1-20 to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5081.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-389-000.

    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Columbia
releases 860005 eff 1-1-2020 to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5087.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-390-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Keyspan
release to Agera Energy 801131 to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5096.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-391-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20191231 Negotiated Rates to
be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5105.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: RP20-392-000.
    Applicants: Dominion Energy Transmission, Inc.
    Description: Sec.  4(d) Rate Filing: DETI--December 31, 2019
Negotiated Rate Agreement to be effective 2/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5176.
    Comments Due: 5 p.m. ET 1/13/20.

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

    Dated: January 2, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-00085 Filed 1-7-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]
[Page 76829-76830]
[DOCID:fr28de05-117]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0178; FRL-7748-7]

Maneb Reregistration Eligibility Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide maneb. The Agency's risk
assessments and other related documents also are available in the maneb
Docket. Maneb is registered for use on a wide variety of food/feed
crops, including fruit and nut crops, vegetable crops, field and forage
crops, grapes, field crop seeds, and others; ornamental plants in
nurseries and greenhouses; and sod farms. Maneb is a member of the
ethylene bisdithiocarbamate (EBDC) group of fungicides, which also
includes the related active ingredients mancozeb and metiram. Maneb and
the two other fungicides share the common metabolite/degradate ethylene
thiourea (ETU), which has been considered in the maneb RED. EPA has
reviewed maneb through the public participation process that the Agency
uses to involve the public in developing pesticide reregistration and
tolerance reassessment decisions. As a part of this process, the Agency
announced the availability of the EBDCs preliminary risk assessments
and supporting documents for a 90-day comment period and requested risk
reduction options under docket ID number OPP-2004-0078. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

FOR FURTHER INFORMATION CONTACT: Tawanda Spears, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW,
Washington, DC 20460-001; telephone number:<PHONE_NUMBER>; fax number:
(703) 308-8005; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2005-0178. The
official public docket consists of the documents

specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the Public
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

    EDOCKET, EPA's electronic public docket and comment system was
replaced on November 25, 2005, by an enchanced Federal-wide electronic
docket management and comment system loacted at http;//
http://www.regulations.gov/. Follow the on-line instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments,

access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.1.
Once in the system, select ``search,'' then key in the appropriate
docket ID number.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a RED for the pesticide, maneb under section 4(g)(2)(A)
of FIFRA. Maneb is registered for use on a wide variety of food/feed
crops, including fruit and nut crops, vegetable crops, field and forage
crops, grapes, field crop seeds, and others; ornamental plants in
nurseries and greenhouses; and sod farms. Maneb is a member of the
ethylene bisdithiocarbamate (EBDC) group of fungicides, which also
includes the related active ingredients mancozeb and metiram.
    EPA has determined that most uses of the active ingredient maneb
are eligible for reregistration provided that the risk mitigation
measures outlined in the RED are adopted, and labels are amended to
reflect these measures. The following uses of maneb are not eligible
for reregistration and are being voluntarily canceled by technical
registrant and deleted from all maneb labels: Sweet corn, grapes,
apples, Kadota figs and seed treatment use on rice and peanuts.
Additionally, use of maneb as a wettable powder formulation on sod
farms is not eligible for reregistration and is being voluntarily
canceled by the registrant and deleted from maneb wettable powder
labels. Upon submission of any required product specific data under
section 4(g)(2)(B) and any necessary changes to the registration and
labeling (either to address concerns identified in the RED or as a
result of product specific data), EPA will make a final reregistration
decision under section 4(g)(2)(C) for products containing maneb.
    EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and made the
requisite safety finding for the maneb tolerances included in this
notice.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, maneb was reviewed through
the modified 4-Phase process. Through this process, EPA worked
extensively with stakeholders and the public to reach the regulatory
decisions for maneb.
    The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. Opportunities for public comment
were offered as this decision was being developed. Additionally, all
issues related to this pesticide were resolved through consultations
with stakeholders. The Agency therefore is issuing the maneb RED
without a comment period.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for
pesticide residues in effect as of August 2, 1996, to determine whether
the tolerance or exemption meets the requirements of section 408(b)(2)
or (c)(2) of FFDCA. This review is to be completed by August 3, 2006.

List of Subjects

    Maneb, EBDC fungicides, Environmental protection, Pesticides and
pests.

    Dated: December 15, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-24468 Filed 12-27-05; 8:45 am]


[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Notices]
[Pages 22427-22429]
[FR Doc No: 2011-9648]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64304; File No. SR-CBOE-2011-028]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Establish Transaction Fees for CBOE Gold ETF
Volatility Index Options

April 15, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 8, 2011, the Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend its Fees Schedule to establish fees for
transactions in CBOE Gold ETF Volatility Index (``GVZ'') options. The
text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.org/legal), at the Exchange's Office of the
Secretary, 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 received approval to list and trade options on the
CBOE Gold ETF Volatility Index (``GVZ''), which is an up-to-the-minute
market estimate of the expected volatility of the SPDR Gold Trust
(``GLD'') calculated by using real-time bid/ask quotes of CBOE listed
GLD options.\3\ GVZ uses nearby and second nearby options with at least
8 days left to expiration and then weights them to yield a constant,
30-day measure of the expected (implied) volatility. The Exchange will
begin listing GVZ options on April 12, 2011.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62139 (May 19,
2010), 75 FR 29597 (May 26, 2010) (approving SR-CBOE-2010-018).
---------------------------------------------------------------------------

    The purpose of this rule change is to clarify that the existing
transaction fees for ``Volatility Indexes'' shall apply for
transactions in GVZ options, except that the existing Surcharge Fee
(currently $.10 per contract for Volatility Index options) will not
apply to GVZ options.\4\ In addition, the Exchange's marketing fee \5\
shall not apply to GVZ options.
---------------------------------------------------------------------------

    \4\ This fee is assessed to help the Exchange recoup license
fees the Exchange pays to the different index licensors in order to
list options on the respective indexes.
    \5\ See Footnote 6 of the Fees Schedule. In 2007, the Exchange
amended its Fees Schedule to broaden the application of existing
transaction fees for VIX options to options on all volatility
indexes calculated by CBOE. At that time, the Exchange replaced all
references to ``VIX'' in its Fees Schedule with ``VOLATILITY
INDEXES.'' The reference to ``VIX'' in Footnote 6 was inadvertently
omitted in that filing. See Securities Exchange Act Release No.
56660 (October 15, 2007), 72 FR 59315 (October 19, 2007).
Accordingly, the Exchange is proposing to make a technical change to
Footnote 6 to change the reference from ``VIX'' to ``VOLATILITY
INDEXES.''
---------------------------------------------------------------------------

    For reference, the existing Volatility Index transactions fees that
will apply to GVZ options are as follows:
     $0.40 per contract for customer transactions;

     $0.40 per contract for voluntary professional
transactions;
     $0.40 per contract for professional transactions
     $0.20 per contract for CBOE Market-Maker/DPM transactions;
\6\
---------------------------------------------------------------------------

    \6\ This is the standard rate that is subject to the Liquidity
Provider Sliding Scale as set forth in Footnote 10 to the Fees
Schedule.
---------------------------------------------------------------------------

     $0.25 per contract for Clearing Trading Permit Holder
proprietary transactions; \7\
---------------------------------------------------------------------------

    \7\ This is the standard rate that is subject to the CBOE
Proprietary Products Sliding Scale for Clearing Trading Permit
Holder Proprietary Orders as set forth in Footnote 11 to the Fees
Schedule.
---------------------------------------------------------------------------

     $0.40 per contract for broker-dealer transactions;
     $0.10 per contract CFLEX Surcharge Fee;
     $0.03 per contract floor brokerage fee; \8\
---------------------------------------------------------------------------

    \8\ See Section 3 (Floor Brokerage and Par Official Fees) to the
Fee Schedule and Footnotes 1, 5 and 15 of the Fees Schedule.
---------------------------------------------------------------------------

     $0.015 per contract floor brokerage fee for crossed
orders; \9\
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

     $0.03 per contract par official fee; \10\ and
---------------------------------------------------------------------------

    \10\ Id.
---------------------------------------------------------------------------

     $0.015 per contract for par official fee for crossed
orders.\11\
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    The Exchange is also proposing to establish a new Surcharge Fee on
transactions in GVZ options to help the Exchange offset some of the
costs and expenses associated with new product research and development
and ongoing maintenance. CBOE is a recognized industry leader in
product innovation and believes that the introduction of new products
is beneficial for the marketplace and provides investors with new and
important risk management tools. Product innovation necessarily results
in costs and expenses to the Exchange and involves risk. For example,
the Exchange conducts surveys of market participants to scope new
products, invests in development and marketing of new products and
engages in ongoing maintenance of new products. Similarly, it takes
time to build liquidity in new products. As a result, the Exchange
believes that the proposed $0.10 per contract Surcharge Fee to help
offset some of the costs and expenses expended for product research and
development and ongoing maintenance is appropriate and will enable the
Exchange to continue its longstanding leadership role in options
product innovation.
    The Exchange is proposing to codify the new ``Product Research &
Development'' Surcharge Fee in Section 1 (Index Options) to the Fees
Schedule by setting it forth in new subparagraph (B) under the existing
``Surcharge Fee'' category (and renaming the category ``Surcharge
Fees''). The new Product Research & Development Surcharge Fee will
apply to all non-public customer transactions (i.e., CBOE and non-
Trading Permit Holder market-maker, Clearing Trading Permit Holder and
broker-dealer), including voluntary professionals and
professionals.\12\ The Exchange notes that the existing ``Surcharge
Fee'' is assessed on transactions in certain index options, including
Volatility Indexes, and the Exchange is expressly excluding GVZ options
from this fee. In order to differentiate between the existing Surcharge
Fee and the proposed Product Research & Development Surcharge Fee, the
Exchange is proposing to establish a new subparagraph (A) which will be
named ``Index License.'' Those products that are currently assessed the
existing Surcharge Fee will be itemized under ``Index License'' and GVZ
will be itemized under ``Product Research & Development.''
---------------------------------------------------------------------------

    \12\ See existing footnote 14 to Fees Schedule, which shall
apply to the proposed new Product Research & Development Surcharge
Fee.
---------------------------------------------------------------------------

    The Exchange is also proposing to make the first reference to
``VOLATILITY INDEXES'' in the Fees Schedule an active hyperlink that
will take readers to a CBOE Web site that identifies all of the
Volatility Indexes that underlie options traded on the Exchange.
Specifically, the first reference to ``VOLATILITY INDEXES'' in Section
1 (Index Options, I. Customer at the third bullet point) will be
displayed in blue text and has been embedded with the following
hyperlink: http://www.cboe.com/products/Cash-SettledIndexOptions.aspx#Volatility.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\13\ in general, and furthers the objectives of
Section 6(b)(4) \14\ of the Act in particular, in that it is designed
to provide for the equitable allocation of reasonable dues, fees, and
other charges among CBOE Trading Permit Holders and other persons using
its facilities. The Exchange believes the fee changes proposed by this
filing are equitable because they will apply uniformly to all market
participants that trade GVZ options. In addition, the proposed fees are
reasonable and comparable to fees that the Exchange currently assesses
for other volatility index products. Furthermore, the proposed new
Product Research and Development Surcharge Fee will enable to Exchange
to offset some (although not all) of the costs and expenses associated
with offering new products. For example, the Exchange conducts surveys
of market participants to scope new products, invests in development
and marketing of new products and engages in ongoing maintenance of new
products. Similarly, it takes time to build liquidity in new products.
Finally, the proposed fees further the Exchange's goal of introducing
new products to the marketplace that are competitively priced.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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 proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section 19(b)(3)(A)
of the Act \15\ and subparagraph (f)(2) of Rule 19b-4 \16\ thereunder.
At any time within 60 days of the filing of the 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File

Number SR-CBOE-2011-028 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2011-028. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-CBOE-2011-028 and should be
submitted on or before May 12, 2011.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-9648 Filed 4-20-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Proposed Rules]
[Pages 32679-32680]
[FR Doc No: 2016-11957]

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

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

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

Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-5856; Airspace Docket No. 16-AGL-9]

Proposed Establishment of Class E Airspace; Park River, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Park River Airport--WC
Skjerven Field, Park River, ND. Controlled airspace is necessary to
accommodate new Standard Instrument Approach Procedures developed at
Park River Airport--WC Skjerven Field, for the safety and management of
Instrument Flight Rules (IFR) operations at the airport.

DATES: Comments must be received on or before July 8, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2016-
5856; Airspace Docket No. 16-AGL-9, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace at Park River Airport--WC
Skjerven Field, Park River, ND.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2016-5856/
Airspace Docket No. 16-AGL-9.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Z, Airspace
Designations and Reporting Points, dated August 6, 2015, and effective
September 15, 2015. FAA Order 7400.9Z is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E airspace extending
upward from 700 feet above the surface within a 7-mile radius of Park
River Airport--WC Skjerven Field, Park River, ND, to accommodate new
standard instrument approach procedures. Controlled airspace is needed
for the safety and management of IFR operations at the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

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

* * * * *

AGL ND E5 Park River, ND [New]

Park River Airport--WC Skjerven Field
    (Lat. 48[deg]23'39'' N., long. 097[deg]46'51'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Park River Airport--WC Skjerven Field.

    Issued in Fort Worth, Texas, on May 10, 2016.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-11957 Filed 5-23-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Proposed Rules]
[Page 61749-61750]
[DOCID:fr17oc08-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0998; Airspace Docket No. 08-AAL-29]

Proposed Revision of Class E Airspace; Ketchikan, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to revise Class E airspace at Ketchikan,
AK. Seven Standard Instrument Approach Procedures (SIAPs), two Standard
Instrument Departure Procedures (SIDs) and a textual Obstacle Departure
Procedure (ODP) are either being drafted or amended for the Ketchikan
International Airport at Ketchikan, AK. Three of the SIAPs and one SID
are Special procedures for private use and are funded privately.
Adoption of this proposal would result in revision of Class E airspace
upward from 700 feet (ft.) and 1,200 ft. above the surface at the
Ketchikan International Airport, Ketchikan, AK.

DATES: Comments must be received on or before December 1, 2008.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2008-0998/Airspace Docket
No. 08-AAL-29, at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2008-0998/
Airspace Docket No. 08-AAL-29.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of Notice of Proposed Rulemakings (NPRMs)

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov or the Superintendent of Document's Web page at http://
www.access.gpo.gov/nara/index.html.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRMs should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to the Code of Federal
Regulations (14 CFR Part 71), which would revise Class E airspace at
the Ketchikan International Airport, in Ketchikan, AK. The intended
effect of this proposal is to revise Class E airspace upward from from
700 ft. and 1,200 ft. above the surface to contain Instrument Flight
Rules (IFR) operations at the Ketchikan International Airport,
Ketchikan, AK.
    The FAA Instrument Flight Procedures Production and Maintenance
Branch has amended seven SIAPs, two SIDs and a DP for the Ketchikan
International Airport. The Special procedures are identified below. The
approaches are (1) the Area Navigation (RNAV) Global Positioning System
(GPS) B, Original (Orig), (2) the RNAV (GPS) C, Amendment (Amdt) 1

(Special), (3) the RNAV (GPS) Runway (RWY) 11, Orig, (4) the Localizer
(LOC)/Distance Measuring Equipment (DME) X RWY 11, Orig, (5) the
Instrument Landing System (ILS) or LOC/DME Y RWY 11, Amdt 7, (6) the
ILS or LOC/DME Z RWY 11, Amdt 7 (Special), and (7) the Very High
Frequency Omni-directional Range (VOR)/DME A, Amdt 1 (Special). The
SIDs are (1) the COBSU TWO RNAV SID (Special) and (2) the Ketchikan 4
SID. The Textual ODP is unnamed and will be published in the front of
the U.S. Terminal Procedures for Alaska. Class E controlled airspace
extending upward from 700 ft. and 1,200 ft. above the surface in the
Ketchikan International Airport area would be revised by this action.
There is no proposed change to the present Class E2 surface area
currently charted. The proposed airspace is sufficient in size to
contain aircraft executing the instrument procedures at the Ketchikan
International Airport, Ketchikan, AK.
    The area would be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1200
foot transition areas are published in paragraph 6005 in FAA Order
7400.9R, Airspace Designations and Reporting Points, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore --(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to create Class E airspace sufficient in size to contain
aircraft executing instrument procedures at the Ketchikan International
Airport, AK, and represents the FAA's continuing effort to safely and
efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9R, Airspace Designations and
Reporting Points, signed August 15, 2007, and effective September 15,
2007, is to be amended as follows:
* * * * *

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

* * * * *

AAL AK E5 Ketchikan, AK [Revised]

Ketchikan, Ketchikan International Airport, AK (lat. 55[deg]21'20''
N., long. 131[deg]42'50'' W.)
Ketchikan Localizer (lat. 55[deg]20'41'' N., long. 131[deg]41'43''
W.)
    That airspace extending upward from 700 feet above the surface
within 2 miles either side of the Ketchikan Localizer southeast
course extending from the Ketchikan International Airport, AK, to 9
miles southeast of the Ketchikan International Airport, AK, and
within 1.9 miles either side of the Ketchikan Localizer northwest
course extending from the Ketchikan International Airport, AK, to 10
miles northwest of the Ketchikan International Airport, AK.
* * * * *

    Issued in Anchorage, AK, on October 6, 2008.
Anthony M. Wylie
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-24688 Filed 10-16-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15692-15694]
[FR Doc No: 2014-06247]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0145]
RIN 1625-AA00

Safety Zone, Barnegat Inlet; Barnegat Light, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established a safety zone in Barnegat
Inlet from March 7, 2014 to November 31, 2014 around the Barnegat Inlet
north jetty repair project. The Army Corps of Engineers has contracted
with Agate Construction to repair the damage to the north jetty that
was caused by Hurricane Sandy in October 2012. The presence of work
barges in the channel reduces the width of the navigable portion of
Barnegat Inlet, making it too narrow for vessels to safely pass each
other within the inlet. This regulation is necessary to provide for the
safety of life on the navigable waters of Barnegat Inlet and is
intended to restrict traffic movement to protect mariners from hazards
associated with the north jetty repair operations.

DATES: This rule is effective without actual notice from March 21, 2014
until November 31, 2014. For purposes of enforcement, actual notice
will be used from the date the rule was signed, March 7, 2014, until
March 21, 2014. This rule will be enforced until November 31, 2014
unless cancelled earlier by the Captain of the Port.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0145]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Veronica Smith, Chief Waterways Management
Division, Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-
4851, email<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
protect the maritime public. The presence of Agate Construction's
barges in the narrow inlet poses a threat to maritime traffic and a
safety zone is needed to reduce congestion in the waterway. In this
case, waiting for a comment period to run would be contrary to the
public interest of protecting life and property. In addition,
publishing an NPRM is impracticable because the U.S. Army Corps of
Engineers did not provide sufficient notice to the Coast Guard to allow
for a comment period prior to the commencement of the work.
    Notice to the local commercial fishing community was given on
February 19, 2014 in a meeting with the Coast Guard, Army Corps of
Engineers, and Agate Construction. Additionally, the Coast Guard is
conducting outreach to recreational boaters by providing information to
local marinas and boating organizations and by outreach through the
U.S. Coast Guard Auxiliary.
    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 as any delay encountered in this
regulation's effective date would be contrary to public interest
because immediate action is needed to provide for the safety of vessels
navigating in Barnegat Inlet while repairs are being conducted on the
north jetty.

B. Basis and Purpose

    From March 7, 2014 to November 31, 2014 Agate Construction will be
working under contract for the Army Corps of Engineers to conduct
repairs to the north jetty of Barnegat Inlet. Due to the close
proximity of the north jetty to the navigable portion of the inlet, the
presence of work vessels within the navigable channel, and the
resulting reduction of the width of the navigable area to approximately
140 feet, this rule is required in order to safely facilitate
operations and protect both life and property on the navigable
waterways of Barnegat Inlet in respect to commercial and recreational
marine activities.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone in the
waters of Barnegat Inlet in Barnegat Light, NJ from March 7, 2014 to
November 31, 2014, unless cancelled earlier by the Captain of the Port
once all operations are completed. The safety zone will restrict more
than one vessel at a time from transiting within Barnegat Inlet.
Additionally, diving, swimming, fishing, and other recreational
activities are prohibited within the safety zone at all times. The
safety zone will encompass an area bounded on the Northwest of the
inlet by a line drawn from position 39[deg]46''02' N, 074[deg]06''00' W
to 39[deg]45''52' N, 074[deg]06''14' W, on the Southeast by a line
drawn from position 39[deg]45''33' N, 074[deg]05''24' W, to
39[deg]45''26' N, 074[deg]05''34' W, and bounded on the Northeast and
Southwest by the Barnegat Inlet jetties. During the period that the
safety zone is in effect, all vessels not responsible for jetty repair
will be required to pass through the inlet one at a time and will be
prohibited from mooring, anchoring, or remaining in the zone, unless
specifically authorized by the Captain of the Port, Delaware Bay or her
designated representative. Individuals engaged in activities in the
water, including but not limited to diving, swimming, and fishing, are
prohibited from participating in those activities within the safety
zone. Those persons authorized to transit through the safety zone shall
proceed at the minimum speed necessary to maintain steerage and shall
abide by all directions provided by the Captain of the Port, Delaware
Bay, or her designated representative, in order to ensure that they do
not endanger themselves or others within Barnegat Inlet.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict vessel movement within Barnegat Inlet, the effect of this
rule will not be significant because: (i) the Coast Guard will make
extensive notification of the safety zone to the maritime public, via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels will be permitted to transit through the safety zone one at a
time, and (iii) this rule will only be enforced for the duration of the
jetty repair project.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit through Barnegat Inlet from March 7, 2014 to
November 31, 2014, unless cancelled earlier by the Captain the Port
once all operations are completed. The safety zone will not have a
significant impact on a substantial number of small entities for the
following reason: Vessel traffic will be allowed to pass through the
safety zone one vessel at a time. Sector Delaware Bay will issue
maritime advisories widely accessible to users of the inlet.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    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.

4. 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).

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

    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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
This zone will temporarily restrict recreational

activity and transiting vessel traffic in Barnegat Inlet at Barnegat
Light, NJ, for the duration of the Army Corps of Engineers north jetty
repair project. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0145, to read as follows

Sec.  165.T05-0145  Safety Zone, Barnegat Inlet; Barnegat Light, NJ.

    (a) Location. The following area is a safety zone: All waters of
Barnegat Inlet, Barnegat Light, NJ in an area bounded on the Northwest
of the inlet by a line drawn from position 39[deg]46'02'' N,
074[deg]06'00'' W to 39[deg]45'52'' N, 074[deg]06'14'' W, on the
Southeast by a line drawn from position 39[deg]45'33'' N,
074[deg]05'24'' W, to 39[deg]45'26'' N, 074[deg]05'34'' W, and bounded
on the Northeast and Southwest by the Barnegat Inlet jetties.
    (b) Enforcement period. This rule will be enforced from March 7,
2014 to November 31, 2014, unless cancelled earlier by the Captain of
the Port, Delaware Bay once all north jetty repair operations are
completed. Vessel traffic will be notified of safety zone enforcement
by a broadcast on VHF channel 16.
    (c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.33 of this
part.
    (1) Recreational marine activities including but not limited to
swimming, diving, and fishing are not permitted within the zone.
    (2) All persons and vessels must transit through the safety zone
one vessel at a time and may not engage in activity other than transit
directly through the inlet unless otherwise authorized by the Captain
of the Port or her representative.
    (3) All persons or vessels wishing to transit through the safety
zone more than one vessel at a time must request authorization to do so
from the Captain of the Port or her representative 36 hours prior to
the intended time of transit.
    (4) Vessels granted permission to transit more than one vessel at a
time must do so in accordance with the directions provided by the
Captain of the Port or her representative to the vessel.
    (5) To seek permission to transit the safety zone more than one
vessel at a time, the Captain of the Port, or her representative, can
be contacted via Sector Delaware Bay Command Center<PHONE_NUMBER>.
    (6) This section applies to all persons and vessels wishing to
transit through the Safety Zone except vessels that are engaged in the
following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (8) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port.
    (d) Definitions--(1) Captain of the Port means the Commander,
Sector Delaware Bay, or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.

    Dated: March 7, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-06247 Filed 3-20-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Page 29233]
[FR Doc No: 2011-12435]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER11-3553-000]

Glacial Energy of New Jersey, Inc.; 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
Glacial Energy of New Jersey, Inc.'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 2, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 13, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-12435 Filed 5-19-11; 8:45 am]
BILLING CODE 6717-01-P