[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22423-22425]
[FR Doc No: 2013-08835]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0369; FRL-9803-2]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; The 2002 Base Year Emissions Inventory for the West
Virginia Portion of the Steubenville-Weirton, OH-WV Nonattainment Area
for the 1997 Fine Particulate Matter National Ambient Air Quality
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the 2002 base year emissions inventory
portion of the West Virginia State Implementation Plan (SIP) revision
submitted by the State of West Virginia, through the West Virginia
Department of Environmental Protection (WVDEP), on June 24, 2009 for
the Steubenville-Weirton, OH-WV nonattainment area (the Steubenville-
Weirton Area) for the 1997 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS). The
emissions inventory is part of a SIP revision that was submitted to
meet West Virginia's nonattainment requirements related to the
Steubenville-Weirton Area. EPA is approving the 2002 base year
PM2.5 emissions inventory in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on May 16, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0369. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On December 26, 2012 (77 FR 75933), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. The NPR
proposed approval of the PM2.5 2002 base year emissions
inventory for the West Virginia portion of the Steubenville-Weirton
Area. The formal SIP revision was submitted by the State of West
Virginia on June 24, 2009.

II. Summary of SIP Revision

    The PM2.5 2002 base year emission inventory submitted by
WVDEP on June

24, 2009 for the West Virginia portion of the Steubenville-Weirton Area
includes emissions estimates that cover the general source categories
of point sources, area sources, on-road mobile sources, and non-road
mobile sources. The pollutants that comprise the inventory are
PM2.5, coarse particles (PM10), nitrogen oxides
(NOX), volatile organic compounds (VOC), ammonia
(NH3), and sulfur dioxide (SO2). The year 2002
was selected by WVDEP as the base year for the emissions inventory per
40 CFR 51.1008(b).
    EPA reviewed the results, procedures and methodologies for the base
year emissions inventory submitted by WVDEP. EPA found that the process
used to develop this emissions inventory for the West Virginia portion
of the Steubenville-Weirton Area is adequate and meets the requirements
of CAA section 172(c)(3), the implementing regulations, and EPA
guidance for emission inventories. EPA's evaluation can be found in the
Technical Support Document dated August 12, 2010, available online at
www.regulations.gov, Docket No. EPA-R03-OAR-2012-0369. Specific
requirements of the base year inventory and the rationale for EPA's
action are explained in the NPR and will not be restated here. No
public comments were received on the NPR.

III. Final Action

    EPA is approving the 2002 base year PM2.5 emissions
inventory for the West Virginia portion of the Steubenville-Weirton as
a revision to the West Virginia SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 17, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to the PM2.5 2002 base year
emissions inventory for the West Virginia portion of the Steubenville-
Weirton Area may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 3, 2013.
 W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR Part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

     Authority:  42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by adding at
the end of the table an entry for 2002 Base Year Emissions Inventory
for the 1997 fine particulate matter (PM2.5) standard to
read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                      State
  Name of non-regulatory SIP        Applicable      submittal         EPA approval date           Additional
           revision              geographic area       date                                       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2002 Base Year Emissions        West Virginia          6/24/09  4/16/13 [Insert page number   52.2531(e).
 Inventory for the 1997 fine     portion of the                  where the document begins].
 particulate matter (PM2.5)      Steubenville-
 standard.                       Weirton, OH-WV
                                 1997 PM2.5
                                 nonattainment
                                 area.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.2531 is amended by adding paragraph (e) to read as
follows:

Sec.  52.2531  Base year emissions inventory.

* * * * *
    (e) EPA approves as a revision to the West Virginia State
Implementation Plan the 2002 base year emissions inventory for the West
Virginia portion of the Steubenville-Weirton, OH-WV fine particulate
matter (PM2.5) nonattainment area submitted by the West
Virginia Department of Environmental Protection on June 24, 2009. The
2002 base year emissions inventory includes emissions estimates that
cover the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources.
The pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2).

[FR Doc. 2013-08835 Filed 4-15-13; 8:45 am]
BILLING CODE 6560-50-P


Comment Info: =================

General Comment:I believe that the FDA dose not need to be involved with E-Cigs. I have watched my best friend that smoked seance he was 13 put done the pack for a better life. The biggest reason is e liquid DOSE NOT CONTAIN TOBACCO AT ALL!!! so THE FDA cant regulate it. This is a about money and the fact that big tobacco will lose money to people who chose to quit cigarets. I joined the band wagon and its fun i have never smoked cigs and never will due to all the stuff that is in them just to keep them fresh. I use the 0 nic liquids that my friends is slowly working his way to. In short the FDA need to back off.  A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Notices]
[Page 55892-55893]
[DOCID:fr26se08-105]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2008-0182]

Office of Small and Disadvantaged Business Utilization (OSDBU);
Regional Small Business Transportation Resource Centers (SBTRCs);
Notice of Request for Comments on Renewal of Information Collection:
Regional Center Intake Form (DOT F 4500) and Regional Resource Center
Monthly Report Form (DOT F 4502) (Formerly, Counseling Information
Form; Regional Center Intake Form and Monthly Report of Operations
Form)

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

ACTION: Notice and request for comments.

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SUMMARY: The Office of Small and Disadvantaged Business Utilization
(OSDBU) invites the public to comment about our intention to request
the Office of Management and Budget's (OMB) approval to renew
information collection forms, associated with OSDBU.
    We are required to publish this notice in the Federal Register by
the Paperwork Reduction Act of 1995. On June 26, 2008, OSDBU published
a 60-day notice in the Federal Register (73 FR 36368), Docket
OST-2008-0182, informing the public of OSDBU's intention to
extend this previously approved information collection.
    The collection involves the use of the Regional Center Intake Form
(DOT F 4500), which documents the type of assistance provided to each
small business that is enrolled in the program.
    The use of the Regional Resource Center Monthly Report Form (DOT F
4502) will highlight activities, such as counseling, marketing,
meetings/conferences, and services to businesses as completed during
the month. The information will be used to ascertain whether the
program is providing services to its constituency, the small business
community, in a fair and equitable manner. The information collected is
necessary to determine whether small businesses are participating in
DOT funded and DOT assisted opportunities with the DOT.
    The Counseling Information Form (DOT F 4640.1) has been eliminated
and the information contained in that form is now consolidated into the
Regional Resource Center Monthly Report Form (formerly titled Monthly
Report of Operations Form) in effort to eliminate duplication and to
streamline the data collection process.

DATES: Written comments should be submitted by: October 27, 2008.

ADDRESSES: You may submit comments to the attention of the DOT/OST Desk
Officer, Office of Information and Regulatory Affairs, Office of
Management and Budget, Docket library, Room 10102, 725 17th Street,
NW., Washington, DC 20503, or<EMAIL_ADDRESS>(e-
mail).

FOR FURTHER INFORMATION CONTACT: Arthur D. Jackson,<PHONE_NUMBER>,
Office of Small and Disadvantaged Business Utilization, Office of the
Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., Room W56-462, Washington, DC 20590. Office hours are from 9 a.m.
to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Regional Center Intake Form (DOT F 4500) and Regional
Resource Center Monthly Report Form (DOT F 4502) (Formerly, Counseling
Information Form; Regional Center Intake Form and Monthly Report of
Operations Form).
    OMB Control No: 2105-0554.
    Affected Public: Representatives of DOT Regional Small Business
Transportation Resource Centers and the Small Businesses community on a
national basis.
    Type of Request: Renewal of information collection.
    Abstract: In accordance with Public Law 95-507, an amendment to the
Small Business Act and the Small Business Investment Act of 1953, OSDBU
is responsible for the implementation and execution of the Department
of Transportation (DOT) activities on behalf of small businesses, in
accordance with Section 8, 15 and 31 of the Small Business Act (SBA),
as amended. The Office of Small and Disadvantaged Business Utilization
also administers the provisions of Title 49, of the United States Code,
Section 332, the Minority Resource Center (MRC), which includes the
duties of advocacy, outreach and financial services on behalf of small
and disadvantaged businesses and those certified under CFR 49 Parts 23
and or 26 as Disadvantaged Business Enterprises (DBE).
    The Small Business Transportation Resource Regional Centers
(SBTRCs) will collect information on small businesses, which includes
Disadvantaged Business Enterprise (DBE), Women-Owned Small Businesses
(WOB), Small Disadvantaged Businesses (SDB), 8(a), Service Disabled
Veteran Owned Businesses (SDVOB), Veteran Owned Small Businesses
(VOSB), HubZone, and types of services they seek from the SBTRCs.
Services and responsibilities of the SBTRCs include business analysis,
general management and technical assistance and training, business
counseling, outreach services/conference participation, and short-term
loan assistance. The cumulative data collected will be analyzed by the
OSDBU to determine the effectiveness of services provided, including
counseling, outreach, and financial services. Such data will also be
analyzed by the OSDBU to determine agency effectiveness in assisting
small businesses to enhance their opportunities to participate in
government contracts and subcontracts.
    The Regional Center Intake Form (DOT F 4500) is used by the
Regional SBTRC staff to enroll small business clients into the program
in order to create a viable database of firms that can participate in
government contracts and subcontracts, especially those projects that
are transportation related. In addition, each enrolled small business
will be assigned a client number that can track the firm's involvement
in the services offered by the SBTRCs. Each area on the form must be
filled in electronically by the SBTRCs and retained in secured files of
the client. The completion of the form is used as a tool for making
decisions about the needs of the business, such as referral to
technical assistance agencies for help, identifying the type of
profession or trade of the business, the type of certification that the
business holds, length of time in business, and location of the firm.
    The SBTRCs must complete an Intake Form and retain copies in
secured files in their offices. A limited amount of privacy information
is requested on this form. We have included a Privacy Act Notice on the
forms, informing individuals who are asked to supply information on the
form that Public Law 95-507 and provisions of Title 49, of the U.S.
Code, Section 332, the Minority Resource Center authorizes solicitation
of the information; that provision of the information is voluntary;
that the principal purpose for which the

information is intended to be used is to assist the SBTRCs in
developing a business plan or adjusting a business plan for small
businesses, in order to increase their ability to market goods and
services to buyers and potential users, interested in small business
services; that routine uses which DOT may make of the information
include analyzing the data collected to determine the effectiveness of
services to small businesses, provided by the SBTRCs, including
counseling, outreach, and financial services. Also, the data collection
will be used by OSDBU to document the type of assistance provided to
each small business that uses the services of the SBTRCs; and that the
effect on the individual of not providing all or any part of the
requested information will not be a condition to deny services to the
small business firm. Request for information about another party may be
denied unless DOT has the written permission of the individual to
release the information to the requestor or unless the information is
subject to disclosure under the Freedom of Information Act. This will
assist the SBTRCs in developing a business plan or adjusting their
business plan to increase its ability to market its goods and services
to buyers and potential users of their services.
    Respondents: Small Business Transportation Resource Centers.
    Estimated Number of Respondents: 100.
    Frequency: The information will be collected monthly.
    Estimated Total Burden on Respondents: 600 hours.
    The Regional Resource Center Monthly Report Form (DOT F 4502) for
each SBTRC must submit a monthly status report of business activities
conducted during the 30-day timeframe. The form is used to capture
activities and accomplishments that were made by the Regional SBTRCs
during the course of the month. In addition, the form includes a data
collection section where numbers and hours are reported and a section
that is assigned for a written narrative that provides back up that
supports the data. Activities to be reported are (1) Counseling
activity which identifies the counseling hours provided to businesses,
number of new appointments, and follow-up on counseled clients. (2)
Activity for businesses served identifies the type of small business
that is helped, such as a DBE, 8(a), WOB, HubZone, SDB, SDVOB, or VOSB.
(3) Marketing activity includes the name of an event attended by the
SBTRC and the role played when participating in a conference, workshop
or any other venue that relates to small businesses. (4) Meetings that
are held with government representatives in the region, or at the state
level, or an activity that is reported. (5) Events hosted by the
SBTRCs, such as small business workshops, financial assistance
workshops, matchmaking events, and activities that are reported on a
monthly basis.
    Respondents: Small Business Transportation Resource Centers.
    Estimated Number of Respondents: 100.
    Frequency: The information will be collected monthly.
    Estimated Total Burden on Respondents: 1,200 hours.
    Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; (b) the accuracy of the Departments estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility and clarity of the information collection; and (d) ways to
minimize the burden of the collection of information on respondents, by
the use of electronic means, including the use of automated collection
techniques or other forms of information technology.
    All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.

    Issued in Washington, DC, on September 19, 2008.
Patricia Lawton,
DOT Clearance Officer, Office of the Chief Information Officer.
[FR Doc. E8-22633 Filed 9-25-08; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4178-4179]
[DOCID:fr23ja09-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-503-000]

BC Landfill Energy, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

January 14, 2009.
    This is a supplemental notice in the above-referenced proceeding of
BC Landfill Energy, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice

and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 3, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-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 docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-1350 Filed 1-22-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 21035-21037]
[DOCID:fr06my09-148]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59841; File No. SR-Phlx-2009-38]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Payment for Order Flow

April 29, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 23, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. Phlx
filed the proposal pursuant to Section 19(b)(3)(A)\3\ of the Act and
Rule 19b-4(f)(2)\4\ thereunder. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to make permanent its payment for order flow
pilot program (``Pilot''), which is currently in effect until May 27,
2009.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange 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 these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The purpose of making permanent the Exchange's payment for order
flow program (``Pilot'') is to remain competitive with other options
exchanges that administer payment for order flow programs.\5\ The Pilot
is

currently set to expire on May 27, 2009. The Exchange seeks to make the
Pilot permanent because the Directed Order Flow Program is now
permanent. The Directed Order Flow program was set to expire on May 27,
2008, when the Exchange filed to make that program permanent.\6\ The
Pilot was also set to expire on May 27, 2008, when the Exchange filed
to extend the Pilot for an additional year.\7\ At this time, the
Exchange proposes to make the Pilot permanent because of the permanent
status of the Directed Order Flow Program. The Pilot has been in effect
for several years.\8\
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    \5\ See e.g., Securities Exchange Act Release Nos. 57094
(January 3, 2008), 73 FR 1653 (January 9, 2008) (SR-CBOE-2007-154);
55895 (June 11, 2007), 72 FR 33549 (June 18, 2007) (SR-ISE-2007-38);
55328 (February 21, 2007), 72 FR 9050 (February 28, 2007) (SR-Amex-
2007-16); and 53341 (February 21, 2006), 71 FR 10085 (February 28,
2006) (SR-Amex-2006-15).
    \6\ See Securities Exchange Act Release No. 57844 (May 21,
2008), 73 FR 30988 (May 29, 2008) (SR-Phlx-2008-39).
    \7\ See Securities Exchange Act Release No. 57851 (May 22,
2008), 73 FR 31177 (May 20, 2008) (SR-Phlx-2008-38).
    \8\ The program took effect on July 1, 2005. See e.g.,
Securities Exchange Act Release Nos. 52114 (July 22, 2005), 70 FR
44138 (August 1, 2005) (SR-Phlx-2005-44); 57851 (May 22, 2008), 73
FR 31177 (May 20, 2008)(SR-Phlx-2008-38); 55891 (June 11, 2007), 72
FR 333271 (June 15, 2007)(SR-Phlx-2007-39); 53754 (May 3, 2006), 71
FR 27301 (May 10, 2006) (SR-Phlx-2006-25); 53078 (January 9, 2006),
71 FR 2289 (January 13, 2006) (SR-Phlx-2005-88); and 52568 (October
6, 2005), 70 FR 60120 (October 14, 2005) (SR-Phlx-2005-58).
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    Currently, the following payment for order flow fees are in effect
at the Exchange: \9\ (1) Equity options (other than those equity
options that trade as part of the Exchange's Penny Pilot Program); \10\
and options on: (i) The Russell 2000[supreg] Index \11\ traded under
the symbol RUT; (ii) the one-tenth value Russell 2000[supreg] Index
traded under the symbol RMN; (iii) the full value of the Nasdaq 100
Index \12\ traded under the symbol NDX; (iv) and the one-tenth value of
the Nasdaq 100 Index traded under the symbol MNX, are all assessed
$0.70 per contract; and (2) equity options that trade as part of the
Exchange's Penny Pilot Program are assessed $0.25 per contract. Trades
resulting from either Directed or non-Directed Orders \13\ that are
delivered electronically and executed on the Exchange are assessed a
payment for order flow fee,\14\ while non-electronically-delivered
orders (i.e. represented by a floor broker) are not assessed a payment
for order flow fee.\15\ Additionally, payment for order flow fees are
not assessed on transactions executed on the Exchange that correspond
with an outbound Linkage Principal Acting as Agent (``P/A'') order.\16\
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    \9\ See e.g., Securities Exchange Act Release Nos. 53841 (May
19, 2006), 71 FR 30461 (May 26, 2006) (SR-Phlx-2006-33); 54297
(August 9, 2006), 71 FR 47280 (August 16, 2006) (SR-Phlx-2006-47);
54485 (September 22, 2006), 71 FR 57017 (September 28, 2006) (SR-
Phlx-2006-56); 55290 (February 13, 2007), 72 FR 8051 (February 22,
2007) (SR-Phlx-2007-05); 55473 (March 14, 2007), 72 FR 13338 (March
21, 2007) (SR-Phlx-2007-12); 55891 (June 11, 2007), 72 FR 33271
(June 15, 2007) (SR-Phlx-2007-39); 58049 (June 27, 2008); and 73 FR
38286 (July 3, 2008) (SR-Phlx-2008-46).
    \10\ The current Penny Pilot Program, in effect through June 3,
2009, permits certain options series to be quoted and traded in
increments of $0.01. See Securities Exchange Act Release No. 59631
(March 26, 2009), 74 FR 15022 (April 2, 2009) (SR-Phlx-2009-25).
    \11\ Russell 2000[supreg] is a trademark and service mark of the
Frank Russell Company, used under license. Neither Frank Russell
Company's publication of the Russell Indexes nor its licensing of
its trademarks for use in connection with securities or other
financial products derived from a Russell Index in any way suggests
or implies a representation or opinion by Frank Russell Company as
to the attractiveness of investment in any securities or other
financial products based upon or derived from any Russell Index.
Frank Russell Company is not the issuer of any such securities or
other financial products and makes no express or implied warranties
of merchantability or fitness for any particular purpose with
respect to any Russell Index or any data included or reflected
therein, nor as to results to be obtained by any person or any
entity from the use of the Russell Index or any data included or
reflected therein.
    \12\ NASDAQ(R), NASDAQ-100(R) and NASDAQ-100 Index(R) are
registered trademarks of The NASDAQ OMX Group, Inc. (which with its
affiliates are the ``Corporations'') and are licensed for use by
NASDAQ OMX PHLX, Inc. in connection with the trading of options
products based on the NASDAQ-100 Index(R). The options products have
not been passed on by the Corporations as to their legality or
suitability. The options products are not issued, endorsed, sold, or
promoted by the Corporations. The Corporations make no warranties
and bear no liability with respect to the options products.
    \13\ The term ``Directed Order'' means any customer order to buy
or sell which has been directed to a particular specialist, Remote
Streaming Quote Trader or Streaming Quote Trader by an Order Flow
Provider. See Exchange Rule 1080(l).
    \14\ Specialists and Directed ROTs who participate in the
Exchange's payment for order flow program are assessed a payment for
order flow fee, in addition to ROTs. Therefore, the payment for
order flow fee is assessed, in effect, on equity option transactions
between a customer and an ROT, a customer and a Directed ROT, or a
customer and a specialist.
    \15\ Electronically-delivered orders do not include orders
delivered through the Floor Broker Management System pursuant to
Exchange Rule 1063.
    \16\ See Securities Exchange Act Release No. 57313 (February 12,
2008), 73 FR 9398 (February 20, 2008) (SR-Phlx-2008-10).
---------------------------------------------------------------------------

    The Exchange's Directed Order Flow Program \17\ enables Exchange
specialists, Streaming Quote Traders (``SQTs'') \18\ and Remote
Streaming Quote Traders (``RSQTs'') \19\ assigned in option trading on
Phlx XL \20\ to receive Directed Orders in accordance with the
provisions of Exchange Rule 1080(1). When a Directed Order is received
from a member or member organization (``Order Flow Provider'' or
``OFP''), the specialist, SQT or RSQT to whom the order is directed
(the ``Directed Participant'') would be assessed a payment for order
flow fee if the Directed Order is from a Customer. Pursuant to Rule
1080(l), OFPs must transmit Directed Orders to a particular specialist,
SQT or RSQT through AUTOM.\21\ If the Exchange's disseminated best bid
or offer is at the National Best Bid or Offer when the Directed Order
is received, the Directed Order is automatically executed on Phlx XL
and allocated to the orders and quotes represented in the Exchange's
quotation. A Directed Specialist, SQT or RSQT will receive a
participation allocation pursuant to Rule 1014(g)(viii) if the Directed
Specialist, SQT or RSQT was quoting at the NBBO at the time that the
Directed Order was received. Otherwise, the automatic execution will be
allocated to those quotations and orders at the NBBO pursuant to Rule
1014(g)(vii). When the Exchange is not quoting at the NBBO, the
Directed Order will be manually handled by the specialist in accordance
with the Exchange's rules. The Exchange's Directed Order Flow Pilot
Program became permanent in 2008.\22\
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release Nos. 51759 (May 27,
2005), 70 FR 32860 (June 6, 2005) (SR-Phlx-2004-91); 53870 (May 25,
2006), 71 FR 31251 (June 1, 2006) (SR-Phlx-2006-27); 55803 (May 23,
2007), 72 FR 30413 (May 31, 2007) (SR-Phlx-2007-37); and 57844 (May
21, 2008), 73 FR 30988 (May 29, 2008) (SR-Phlx-2008-39).
    \18\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
    \19\ An RSQT is a participant in the Exchange's electronic
trading system, Phlx XL who has received permission from the
Exchange to trade in options for his own account, and to generate
and submit option quotations electronically from off the floor of
the Exchange through AUTOM in eligible options to which such RSQT
has been assigned. See Exchange Rule 1014(b)(ii)(B).
    \20\ Phlx XL is the Exchange's electronic options trading
platform.
    \21\ AUTOM is the Exchange's electronic order delivery, routing,
execution and reporting system, which provides for the automatic
entry and routing of equity option and index option orders to the
Exchange trading floor. Orders delivered through AUTOM may be
executed manually, or certain orders are eligible for AUTOM's
automatic execution features, AUTO-X, Book Sweep and Book Match.
Equity option and index option specialists are required by the
Exchange to participate in AUTOM and its features and enhancements.
Option orders entered by Exchange members into AUTOM are routed to
the appropriate specialist unit on the Exchange trading floor. AUTOM
is today more commonly referred to as Phlx XL. See Exchange Rule
1080.
    \22\ See Securities Exchange Act Release No. 57844 (May 21,
2008), 73 FR 30988 (May 29, 2008) (SR-Phlx-2009-39) (permanent
approval of the Exchange's Directed Order Program).

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

    In light of the Exchange's proposal to make the Pilot permanent,
the Exchange also proposes to amend endnote 30 of the Exchange's fee
schedule to remove the following language: ``[t]he payment for order
flow fees will remain in effect as a pilot program that is scheduled to
expire on May 27, 2009.'' The Exchange is not making any other changes
to the Pilot at this time.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act,\23\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \24\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. In particular, the Exchange
believes that continuing the payment for order flow program and making
it permanent should allow the Exchange to remain competitive.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is 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 either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \25\ and paragraph (f)(2) of Rule 19b-4 \26\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \26\ 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-Phlx-2009-38 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-Phlx-2009-38. 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 inspection and
copying 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-Phlx-2009-38 and should be
submitted on or before May 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-10446 Filed 5-5-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65525-65527]
[FR Doc No: 2018-27579]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1082]
RIN 1625-AA87

Security Zone; Puget Sound, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for
the navigable waters within 500 yards of the M/V CAPE HUDSON, Official
Number 901127, during its departure from Terminal 7 in Tacoma, WA. This
security zone is necessary to protect the vessel and associated
personnel from terrorist acts, accidents, sabotage, or other subversive
acts associated with the vessel's movement of military cargo. Entry of
vessels or persons into this zone is prohibited while the M/V CAPE
HUDSON is in transit unless specifically authorized by the Captain of
the Port Puget Sound.

DATES: This rule is effective without actual notice from 8:45 a.m. on
December 21, 2018, through 9 p.m. on January 2, 2019. For the purposes
of enforcement, actual notice will be used from 8:00 a.m. on December
20, 2018, through 8:44 a.m. December 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being

available in the docket, go to https://www.regulations.gov, type USCG-
2018-1082 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Zachary Spence, Sector Puget Sound
Waterways Management Branch, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 the Coast Guard did not receive
notification of the movement of military cargo until December 3, 2018,
and immediate action is needed to protect the security of M/V CAPE
HUDSON and its personnel from terrorist acts, accidents, sabotage, or
other subversive acts. It is impracticable to publish a NPRM because we
must establish this security zone by December 20, 2018.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential security risks associated with the shipment of
military cargo onboard the M/V CAPE HUDSON.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Puget Sound (COTP) has determined that
there are potential security concerns associated with the shipment of
military cargo aboard the M/V CAPE HUDSON. This rule is needed to
protect the M/V CAPE HUDSON and its personnel from terrorist acts,
accidents, sabotage, or other subversive acts while underway from
Terminal 7 in Tacoma, WA to the Puget Sound Traffic Separation Lane
Lighted Buoy SE.

IV. Discussion of the Rule

    This rule establishes a security zone from 8 a.m. on December 20,
2018 through 8 p.m. on January 2, 2019. The security zone will cover
all navigable waters within 500 yards of the M/V CAPE HUDSON while
underway from Terminal 7 in Tacoma, WA until the vessel arrives near
the Puget Sound Traffic Separation Lane Lighted Buoy SE. The duration
of the zone is intended to protect the M/V CAPE HUDSON and its
personnel during its departure transit. Because weather conditions may
affect the vessel's loading timeframes, the actual planned departure of
the vessel will occur between 8 a.m. on December 20, 2018 and 8 p.m. on
January 2, 2019. Enforcement of the security zone will only occur while
the vessel is in transit, and no vessel or person will be permitted to
enter the security zone without obtaining permission from the COTP or a
designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the security zone. Vessel
traffic will be able safely transit around this security zone which
would impact a small designated area around the M/V CAPE HUDSON during
the vessel's departure transit through Puget Sound for less than 6
hours.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct

effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. We have
analyzed this rule under that Order and have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a security zone limited in duration to M/V CAPE HUDSON's departure from
Terminal 7 in Tacoma, WA until the vessel reaches the Puget Sound
Traffic Separation Lane Lighted Buoy SE that will prohibit entry within
500 yards of the vessel. It is categorically excluded from further
review under paragraph L 60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T13-1082 to read as follows:

Sec.  165.T13-1082  Security Zone; Puget Sound, Tacoma, WA.

    (a) Location. The following area is a security zone: All navigable
waters, from surface to bottom, within 500 yards of the M/V CAPE HUDSON
while underway from Terminal 7 in Tacoma, WA until the vessel reaches
the Puget Sound Traffic Separation Lane Lighted Buoy SE.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Puget Sound (COTP) in the enforcement of the
security zone.
    (c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF CH 16 or at<PHONE_NUMBER>. Those in the security
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
    (d) Enforcement period. This rule is effective without actual
notice from 8:45 a.m. on December 21, 2018, through 9 p.m. on January
2, 2019. For the purposes of enforcement, actual notice will be used
from 8:00 a.m. on December 20, 2018, through 8:44 a.m. December 21,
2018. This rule will be enforced with actual notice by COTP's
designated representatives on scene during M/V CAPE HUDSON departure
transit.

    Dated: December 17, 2018.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2018-27579 Filed 12-20-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Notices]
[Page 87]
[FR Doc No: 2019-28297]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-456-003.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Mor-Gran-Sou Electric Cooperative
Formula Rate Compliance Filing to be effective 2/1/2019.
    Filed Date: 12/26/19.
    Accession Number: 20191226-5028.
    Comments Due: 5 p.m. ET 1/16/20.

    Docket Numbers: ER20-683-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Tri-State Wholesale Electric
Service Contracts to be effective 3/20/2020.
    Filed Date: 12/26/19.
    Accession Number: 20191226-5000.
    Comments Due: 5 p.m. ET 1/16/20.

    Docket Numbers: ER20-684-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-12-26_SA 3176 NSP-NSP
1st Rev GIA (J460) to be effective 12/10/2019.
    Filed Date: 12/26/19.
    Accession Number: 20191226-5033.
    Comments Due: 5 p.m. ET 1/16/20.

    Docket Numbers: ER20-685-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-12-26_SA 1634 ITC
Midwest-Jeffers Wind 20 2nd Rev GIA (G442) to be effective 12/11/2019.
    Filed Date: 12/26/19.
    Accession Number: 20191226-5112.
    Comments Due: 5 p.m. ET 1/16/20.

    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 comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 26, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-28297 Filed 12-31-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Notices]
[Pages 44171-44173]
[FR Doc No: 2023-14524]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97840; File No. SR-ICC-2023-009]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to the ICC Default Auction
Procedures--Initial Default Auctions

July 5, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4,\2\ notice is hereby given that on June
22, 2023, ICE Clear Credit LLC (``ICC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change, as
described in Items I, II and III below, which Items have been prepared
primarily by ICC. 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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Credit LLC (``ICC'') proposes revisions to ICC's Default
Auction Procedures--Initial Default Auctions (the ``Auction
Procedures''). These revisions do not require any changes to the ICC
Clearing Rules (the ``Rules'').\3\
---------------------------------------------------------------------------

    \3\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. The text of these statements may be
examined at the places specified in Item IV below. ICC has prepared
summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICC proposes to revise its Auction Procedures. In the event of the
default of an ICC Clearing Participant (``CP''), the Auction Procedures
are designed to facilitate liquidation of the defaulter's portfolio
through a multi-lot modified Dutch auction. ICC believes the proposed
revisions will facilitate the prompt and accurate clearance and
settlement of securities transactions and derivative agreements,
contracts, and transactions for which it is responsible. ICC proposes
to make such changes effective following Commission approval of the
proposed rule change. The proposed revisions are described in detail as
follows.
    The purpose of the proposed amendments is to incorporate feedback
received from market participants during ICC's 2022 default test to
revise the Auction Procedures to provide ICC greater flexibility to
determine that a minimum bid requirement is not appropriate for an
auction participant in certain circumstances and/or to decide for a
particular auction lot that so-called ``juniorization'' of
participants' guaranty fund contributions based on competitiveness of
bidding is not appropriate. With respect to the minimum bid
requirement, market participants expressed concern that certain market
participants may not trade, or have the operational, risk management or
other capacity to trade or otherwise manage, particular products
cleared through ICC (e.g., index swaptions). If a participant were
forced to bid for lots including such products, the participant might
acquire in the default auction products for which it may not have the
ready capability to manage the risk of its positions. Forcing
participants to acquire such positions may result in an increase in
systemic risk. Similarly, market participants have expressed concerns
that while juniorization may in general incentivize robust bidding in
the auction process, there may be particular situations where, in the
light of the characteristics of the lot and participants involved in
the auction, the risk of juniorization could make it more difficult to
auction the lot successfully or might otherwise be undesirable or
inappropriate for the auction.
    To address these concerns, ICC proposes the following amendments to
the Auction Procedures. Currently, under Section 2.4 of the Auction
Procedures, all non-defaulting CPs and Direct Participating Customers
\4\ (collectively, ``Auction Participants'') are required to bid for a
minimum notional amount of contracts for each auction lot determined
pro rata based on its required contribution to the ICC guaranty fund
(``Minimum Bid Requirement''), subject to certain exceptions. ICC
proposes to amend Section 2.4 to provide an additional exception to the
extent ICC determines that the Minimum Bid Requirement would be
inappropriate for certain Auction Participant(s) in light of: (i) the
operational and other capabilities of such Auction Participant(s) to
clear contracts in the relevant auction lot, or (ii) the conditions in
the market for the contracts in the relevant auction lot. These
amendments would allow ICC to determine that a Minimum Bid

Requirement should not apply, among other cases, where the relevant
Auction Participant does not have risk management or other operational
capabilities to clear the relevant contracts. It also provides ICC with
flexibility to eliminate a Minimum Bid Requirement in other
circumstances it determines to be appropriate, to address market
conditions and other circumstances that may be prevailing at the time.
---------------------------------------------------------------------------

    \4\ A Direct Participating Customer is a customer of a CP that
has been authorized to participate in an ICC default auction
pursuant to the requirements set out in the Auction Procedures.
---------------------------------------------------------------------------

    Furthermore, ICC proposes amending Section 2.6 of the Auction
Procedures to allow ICC to determine that for a particular auction lot,
all Auction Participants will be treated as Senior Bidders in
circumstances where ICC determines that ``juniorization'' may
negatively impact ICC's ability to conduct a successful default auction
given the then current market conditions. The effect of such a
determination would be that ``juniorization'' of Lot Guaranty Fund
Contributions and Lot Assessment Contributions will not occur, such
that all such contributions will be applied on a pro rata basis rather
than based on the relative competitiveness of bids made. ICC believes
this flexibility is appropriate to address potential scenarios where
juniorization may make it more difficult to run a successful auction or
is otherwise inappropriate or undesirable for the auction in light of
the particular circumstances at the time.
    In addition, ICC received feedback from market participants during
ICC's 2022 default test that making the foregoing revisions to ICC's
Auction Procedures would better align such procedures with the default
procedures of other clearing houses (e.g., LCH Ltd, LCH SA, and Eurex).
According to such market participants, the foregoing clearing houses
have rules and/or default procedures that, in general, exclude non-
defaulting clearing members from mandatory participation in default
auctions where such non-defaulting clearing members do not have
exposure to the products in the default auction portfolio.
(b) Statutory Basis
    Section 17A(b)(3)(F) of the Act \5\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions, and
to the extent applicable, derivative agreements, contracts and
transactions; to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible; in general, to protect investors and the public interest;
and to comply with the provisions of the Act and the rules and
regulations thereunder. ICC believes that the proposed rule change is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular to Section
17(A)(b)(3)(F),\6\ because ICC believes that the proposed changes to
the Auction Procedures enhance ICC's ability to conduct a default
auction in a manner that mitigates risk to Auction Participants. The
proposed changes introduce additional options to ICC to disapply
minimum bid requirements for certain Auction Participants and/or
juniorization for certain auction lots in circumstances where such
practices might otherwise lead to an increase in systemic risk or be
inappropriate or undesirable in light of ICC's goal of running a
successful auction. Such changes would maintain the incentives for
competitive bidding in a default auction as Auction Participants are
still incentivized to protect their guaranty fund deposits and
assessment contributions, and juniorization would be expected to
continue to apply in most circumstances. Such changes overall are
designed to promote effective and efficient auctions to facilitate the
close-out of the defaulter's portfolio, in light of feedback from
market participants. As such, the proposed rule change is designed to
promote the prompt and accurate clearance and settlement of securities
transactions, derivatives agreements, contracts, and transactions; to
contribute to the safeguarding of securities and funds associated with
security-based swap transactions in ICC's custody or control, or for
which ICC is responsible; and, in general, to protect investors and the
public interest within the meaning of Section 17A(b)(3)(F) of the
Act.\7\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1(b)(3)(F).
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    In addition, the proposed rule change is consistent with the
relevant requirements of Rule 17Ad-22.\8\ Rule 17Ad-22(e)(4)(ii) \9\
requires ICC to establish, implement, maintain and enforce written
policies and procedures reasonably designed to maintain financial
resources at the minimum to enable it to cover a wide range of
foreseeable stress scenarios that include, but are not limited to, the
default of the two participant families that would potentially cause
the largest aggregate credit exposure for the covered clearing agency
in extreme but plausible market conditions. ICC believes that the
proposed revisions enhance its Auction Procedures. As described above,
the proposed changes to the Auction Procedures enhance ICC's ability to
conduct a default auction in a manner that mitigates risk to Auction
Participants. The proposed changes introduce additional options to ICC
to disapply minimum bid requirements for certain Auction Participants
and/or juniorization for certain auction lots in circumstances where
such practices may lead to an increase in risk or may otherwise be
undesirable. Such changes promote effective and efficient auctions to
facilitate the close-out of the defaulter's portfolio. In ICC's view,
these changes represent options that strengthen ICC's ability to manage
its financial resources and withstand the pressures of defaults,
consistent with the requirements of Rule 17Ad-22(e)(4)(ii).\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.17Ad-22.
    \9\ 17 CFR 240.17Ad-22(e)(4)(ii).
    \10\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(23) \11\ requires ICC to publicly disclose all
relevant rules and material procedures, including key aspects of its
default rules and procedures, and provide sufficient information to
enable participants to identify and evaluate the risks, fees, and other
material costs they incur by participating in the covered clearing
agency. ICC's default management rules and procedures contained in the
ICC Rules, the Auction Procedures, and the Secondary Auction Procedures
are publicly available on ICC's website. The proposed changes to the
Auction Procedures described above provide further specificity and
transparency to the ICC default auction process, all of which are
publicly available. Moreover, the proposed changes provide additional
information on the options available to ICC on the application of
juniorization to default auctions, providing market participants
additional information to allow them to evaluate the risks of
participating at ICC. In ICC's view, these changes are consistent with
the requirements of Rule 17Ad-22(e)(23).\12\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.17Ad-22(e)(23).
    \12\ Id.
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on the Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition. The proposed changes to
ICC's Auction Procedures will apply uniformly across all market
participants. Therefore, ICC does not believe the proposed rule change
imposes any burden on

competition that is inappropriate in furtherance of the purposes of the
Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-ICC-2023-009 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-ICC-2023-009. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filings will also be available for inspection and
copying at the principal office of ICE Clear Credit and on ICE Clear
Credit's website at https://www.theice.com/clear-credit/regulation.
    Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to file number SR-ICC-2023-009 and should
be submitted on or before August 1, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-14524 Filed 7-10-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Page 6702]
[FR Doc No: 2015-02462]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at the Southwest Power Pool Market
Working Group Meeting

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of its staff may attend the meeting of the
Southwest Power Pool, Inc. (SPP) Market Working Group, as noted below.
Their attendance is part of the Commission's ongoing outreach efforts.
    The meeting will be held at the office of American Electric Power
Company, 1201 Elm Street, Dallas, TX 72501. The meeting will be held on
February 10, 2015 from 8:15 a.m. to 6:00 p.m. and on February 11, 2015
from 8:15 a.m. to 12:00 p.m.
    The discussions may address matters at issue in the following
proceedings:
Docket No. EL05-19, Southwestern Public Service Company
Docket No. ER05-168, Southwestern Public Service Company
Docket No. ER06-274, Southwestern Public Service Company
Docket No. ER07-1069, American Electric Power
Docket No. ER09-35, Tallgrass Transmission, LLC
Docket No. ER09-36, Prairie Wind Transmission, LLC
Docket No. ER09-548, ITC Great Plains, LLC
Docket No. EL11-34, Midcontinent Independent System Operator, Inc.
Docket No. ER11-4105, Southwest Power Pool, Inc.
Docket No. EL12-28, Xcel Energy Services Inc., et al.
Docket No. EL12-59, Golden Spread Electric Cooperative, Inc.
Docket No. EL12-60, Southwest Power Pool, Inc., et al.
Docket No. ER12-480, Midcontinent Independent System Operator, Inc.
Docket No. ER12-1586, Southwest Power Pool, Inc.
Docket No. ER13-366, Southwest Power Pool, Inc.
Docket No. ER13-367, Southwest Power Pool, Inc.
Docket No. ER13-1748, Southwest Power Pool, Inc.
Docket No. ER13-1864, Southwest Power Pool, Inc.
Docket No. EL14-21, Southwest Power Pool, Inc.
Docket No. EL14-30, Midcontinent Independent System Operator, Inc.
Docket No. EL14-49, Southwest Power Pool, Inc.
Docket No. EL14-65, Southwest Power Pool, Inc.
Docket No. ER14-67, Southwest Power Pool, Inc.
Docket No. ER14-781, Southwest Power Pool, Inc.
Docket No. ER14-1174, Southwest Power Pool, Inc.
Docket No. ER14-1993, Southwest Power Pool, Inc.
Docket No. ER14-2081, Southwest Power Pool, Inc.
Docket No. ER14-2363, Southwestern Public Service Company
Docket No. ER14-2399, Southwest Power Pool, Inc.
Docket No. ER14-2445, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2553, Southwest Power Pool, Inc.
Docket No. ER14-2570, Southwest Power Pool, Inc.
Docket No. ER14-2739, Southwest Power Pool, Inc.
Docket No. ER14-2753, Southwest Power Pool, Inc.
Docket No. ER14-2850, Southwest Power Pool, Inc.
Docket No. ER14-2851, Southwest Power Pool, Inc.
Docket No. ER14-2887, Southwest Power Pool, Inc.
Docket No. ER14-2891, Southwest Power Pool, Inc.
Docket No. ER14-2910, Southwest Power Pool, Inc.
Docket No. ER15-45, Southwest Power Pool, Inc.
Docket No. ER15-329, Golden Spread Electric Cooperative, Inc.
Docket No. ER15-492, Southwest Power Pool, Inc.
Docket No. ER15-534, Southwest Power Pool, Inc.
Docket No. ER15-551, Southwest Power Pool, Inc.
Docket No. ER15-552, Southwest Power Pool, Inc.
Docket No. ER15-532, Southwest Power Pool, Inc.
Docket No. ER15-561, Southwestern Public Service Company
Docket No. ER15-562, Southwestern Public Service Company
Docket No. ER15-568, Southwest Power Pool, Inc.
Docket No. ER15-569, Southwest Power Pool, Inc.
Docket No. ER15-570, Southwest Power Pool, Inc.
Docket No. ER15-571, Southwest Power Pool, Inc.
Docket No. ER15-576, Southwest Power Pool, Inc.
Docket No. ER15-579, Southwest Power Pool, Inc.
Docket No. ER15-599, Southwest Power Pool, Inc.
Docket No. ER15-603, Southwest Power Pool, Inc.
Docket No. ER15-617, Southwest Power Pool, Inc.
Docket No. ER15-627, Golden Spread Electric Cooperative, Inc.
Docket No. ER15-630, Southwest Power Pool, Inc.
Docket No. ER15-633, Southwest Power Pool, Inc.
Docket No. ER15-673, Southwest Power Pool, Inc.
Docket No. ER15-692, Southwest Power Pool, Inc.
Docket No. ER15-752, Southwestern Public Service Company
Docket No. ER15-763, Southwest Power Pool, Inc.
Docket No. ER15-774, Southwest Power Pool, Inc.
Docket No. ER15-787, Southwest Power Pool, Inc.
Docket No. ER15-788, Southwest Power Pool, Inc.
Docket No. ER15-859, Southwest Power Pool, Inc.
    The meeting is open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
    Dated: February 2, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-02462 Filed 2-5-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Rules and Regulations]
[Pages 38499-38501]
[FR Doc No: 2012-15823]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0384]

Special Local Regulations and Safety Zones; Recurring Events in
Captain of the Port Long Island Sound

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce various fireworks displays' and
swimming events' safety zones in the Sector Long Island Sound area of
responsibility on various dates and times listed in the tables below.
This action is necessary to provide for the safety of life on navigable
waterways during these regattas, fireworks displays and swim events.
During the enforcement period, no person or vessel may enter the safety
zone without permission of the Captain of the Port (COTP) Sector Long
Island Sound or designated representative.

DATES: The regulations in 33 CFR 165.151 will be enforced on the dates
and times listed in tables 1 and 2 in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer Joseph Graun Prevention Department U.S.
Coast Guard Sector Long Island Sound<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

                        Table 1 to Sec.   165.151
------------------------------------------------------------------------

------------------------------------------------------------------------
6                                                      June
------------------------------------------------------------------------
6.3 Vietnam Veterans/Town of East Haven   Date: June 30, 2012.
 Fireworks.
                                          Rain date: July 1,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Cosey beach, East Haven, CT in
                                          approximate position
                                          41[deg]14'19'' N,
                                          072[deg]52'9.8'' W (NAD 83).
------------------------------------------------------------------------
7                                                      July
------------------------------------------------------------------------
7.3 City of Westbrook, CT July            Date: July 2, 2012.
 Celebration Fireworks.
                                          Rain date: July 3,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Westbrook Harbor, Westbrook,
                                          CT in approximate position
                                          41[deg]16'10.50'' N,
                                          072[deg]26'14'' W (NAD 83).
------------------------------------------------------------------------
7.9 City of Middletown Fireworks.......   Date: July 3, 2012.
                                          Rain date: July 5,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.

                                          Location: Waters of
                                          the Connecticut River,
                                          Middletown Harbor, Middletown,
                                          CT in approximate position
                                          41[deg]33'44.47'' N,
                                          072[deg]38'37.88'' W (NAD 83).
------------------------------------------------------------------------
7.11 City of Norwich July Fireworks....   Date: July 30, 2012.
                                          Rain date: July 1,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Thames River, Norwich, CT
                                          in approximate position
                                          41[deg]31'16.835'' N,
                                          072[deg]04'43.327'' W (NAD
                                          83).
------------------------------------------------------------------------
7.13 City of West Haven Fireworks......   Date: July 3, 2012.
                                          Rain date: July 5,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          New Haven Harbor, off Bradley
                                          Point, West Haven, CT in
                                          approximate position
                                          41[deg]15'07'' N,
                                          072[deg]57'26'' W (NAD 83).
------------------------------------------------------------------------
7.17 Fund in the Sun Fireworks.........   Date: August 18, 2012.
                                          Rain date: August 19,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Great South Bay off The
                                          Pines, East Fire Island, NY in
                                          approximate position
                                          40[deg]40'07.43'' N,
                                          073[deg]04'13.88'' W (NAD 83).
------------------------------------------------------------------------
7.28 City of Long Beach Fireworks......   Date: July 3, 2012.
                                          Rain date: July 13,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Riverside Blvd, City of Long
                                          Beach, NY in approximate
                                          position 40[deg]34'38.77'' N,
                                          073[deg]39'41.32'' W (NAD 83).
------------------------------------------------------------------------
7.33 Clam Shell Foundation Fireworks...   Date: July 21, 2012.
                                          Rain date: July 22,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Three Mile Harbor, East
                                          Hampton, NY in approximate
                                          position 41[deg]1'15.49'' N,
                                          072[deg]11'27.50'' W (NAD 83).
------------------------------------------------------------------------
7.35 Groton Long Point Yacht Club         Date: July 14, 2012.
 Fireworks.
                                          Rain date: July 15,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Long Island Sound, Groton, CT
                                          in approximate position
                                          41[deg]18'05'' N,
                                          072[deg]02'08'' W (NAD 83).
------------------------------------------------------------------------
8                                                     August
------------------------------------------------------------------------
8.2 Port Washington Sons of Italy         Date: September 9,
 Fireworks.                               2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Hempstead Harbor off Bar
                                          Beach, North Hempstead, NY in
                                          approximate position
                                          40[deg]49'48.04'' N,
                                          073[deg]39'24.32'' W (NAD 83).
------------------------------------------------------------------------
8.6 Town of Babylon Fireworks..........   Date: August 25, 2012.
                                          Rain date: August 26,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          of Cedar Beach Town Park,
                                          Babylon, NY in approximate
                                          position 40[deg]37'53'' N,
                                          073[deg]20'12'' W (NAD 83).
------------------------------------------------------------------------

                        Table 2 to Sec.   165.151
------------------------------------------------------------------------

------------------------------------------------------------------------
1.2 Huntington Bay Open Water             Date: July 15, 2012.
 Championships Swim.
                                          Time: 7:15 a.m. to
                                          noon.
                                          Location: Waters of
                                          Huntington Bay, NY. In
                                          approximate positions start/
                                          finish at approximate position
                                          40[deg]54'25.8'' N,
                                          073[deg]24'28.8'' W, East turn
                                          at approximate position
                                          40[deg]54'45'' N,
                                          073[deg]23'36.6'' W, and a
                                          West turn at approximate
                                          position 40[deg]54'31.2'' N,
                                          073[deg]25'21'' W
                                          [deg]09'25.07'' N,
                                          073[deg]12'47.82'' W (NAD 83).
------------------------------------------------------------------------

    The Coast Guard will enforce the safety zones listed in 33 CFR
165.151 on the specified dates and times as indicated in tables above.
If the event is delayed by inclement weather, the regulation will be
enforced on the rain date indicated in tables above. These regulations
were published in the Federal Register on February 10, 2012 (77 FR
6954).
    Under the provisions of 33 CFR 165.151, The fireworks displays and
swimming events listed above in DATES are established as safety zones.
During these enforcement periods, persons and vessels are prohibited
from entering into, transiting through, mooring, or anchoring within
the safety zones unless they receive permission from the COTP or
designated representative.
    This rule is issued under authority of 33 CFR 165 and 5 U.S.C.
552(a). In addition to this rule in the Federal Register, the Coast
Guard will provide the maritime community with advance notification of
this enforcement period via the Local Notice to Mariners or marine
information broadcasts. If the COTP determines that a regulated area
need not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: June 14, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2012-15823 Filed 6-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Page 62099]
[FR Doc No: 2011-25787]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request; Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Form F-6; OMB Control No. 3235-0292; SEC File No. 270-270.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Form F-6 (17 CFR 239.36) is a form used by foreign companies to
register the offer and sale of American Depositary Receipts (ADRs)
under the Securities Act of 1933 (15 U.S.C. 77a et seq.). Form F-6
requires disclosure of information regarding the terms of the
depository bank, fees charged, and a description of the ADRs. No
special information regarding the foreign company is required to be
prepared or disclosed, although the foreign company must be one which
periodically furnishes information to the Commission. The information
is needed to ensure that investors in ADRs have full disclosure of
information concerning the deposit agreement and the foreign company.
Form F-6 takes approximately 1 hour per response to prepare and is
filed by 150 respondents annually. We estimate that 25% of the 1 hour
per response (.25 hours) is prepared by the filer for a total annual
reporting burden of 37.5 hours (.25 hours per response x 150
responses).
    The information provided on Form F-6 is mandatory to best ensure
full disclosure of ADRs being issued in the U.S. All information
provided to the Commission is available for public review upon request.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, http://www.reginfo.gov. Comments should be directed to: (i) Desk Officer for
the Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Office of Management and Budget, Room 10102, New
Executive Office Building, Washington, DC 20503, or by sending an e-
mail to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
e-mail to<EMAIL_ADDRESS>Comments must be submitted to OMB
within 30 days of this notice.

    Dated: September 30, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25787 Filed 10-5-11; 8:45 am]
BILLING CODE 8011-01-P