Introduction: Interested parties seeking Water Infrastructure Finance and Innovation Act (WIFIA) credit assistance must complete and submit a letter of interest to the U.S. Environmental Protection Agency (EPA). EPA evaluates letters of interest against selection criteria and for creditworthiness. Creditworthiness is a measure of an interested party's ability to repay a loan.  EPA will measure creditworthiness in a manner similar to credit ratings agencies. Based on the information provided in the Letter of Interest, EPA will invite selected interested parties to submit an application for WIFIA credit assistance. EPA will only select those projects that it expects to proceed to closing.
___________________________________________________________________________________
Purpose: Interested parties complete the letter of interest materials to provide EPA with the necessary information to validate the eligibility (as defined in the WIFIA Program Guide), assess the initial creditworthiness, and rank each proposed project or set of projects bundled in a single letter of interest.
___________________________________________________________________________________
Format: To be considered for WIFIA credit assistance, interested parties must follow the instructions provided to submit a letter of interest that: 1) describes the interested party and the plans for the proposed project(s), 2) outlines the proposed financial plan, 3) provides a status of the reports and studies required for the project(s), and 4) describes how the project meets the selection criteria of the WIFIA credit program. Please reference the latest Notice of Funding Availability (NOFA), the WIFIA Program Guide, and Frequently Asked Questions (FAQ) available at www.epa.gov/wifia for additional instructions and information.

The total narrative for this letter of interest should not exceed 25 pages, excluding any attachments. Narrative information on singled-spaced, standard-sized 8 (1/2)" x 11" pages. Page margins should not be less than 1-inch. Font size should not be smaller than 11 point Times New Roman.
____________________________________________________________________________________
Selection: EPA will notify the interested party if it determines that the proposed project is not eligible for WIFIA assistance or fails to meet the minimum selection criteria. Due to the wide variety of projects eligible for WIFIA assistance, in some cases EPA may request additional information to supplement the letter of interest so it may complete its analysis. From eligible interested parties, EPA will invite some eligible entities to submit applications based on its selection process. Invited applicants are required to submit a complete WIFIA Application [link] and to pay an application fee of [$XX,XXX] for small communities (not more than 25,000 people) and [$XXX,XXX] for all other communities. The initial application fee will be credited to the credit processing fee due at closing. Detailed information about selection and fees in the WIFIA Program Guide, available at www.epa.gov/wifia.
_____________________________________________________________________________________
Submission: Please complete this form and attach a document with the requested narrative information, maintaining the order and numbering of the section. In addition, submit all source documents referenced in the narrative. Source documents may be draft or preliminary; provide the most recent version available at the time of submission. Submit these documents as attachments via email to [e-mail]. If needed, electronic files on a USB drive or CD can be submitted to the attention of NAME, ADDRESS.  Interested parties are advised to use an express mail or courier delivery service to ensure delivery confirmation of the package. Upon receipt, EPA will provide a confirmation email. If you have questions on completing this letter of interest, please consult the WIFIA website (www.epa.gov/wifia) or contact the WIFIA program office at (XXX) XXX-XXXX or [e-mail].
___________________________________________________________________________________
Information Requests: If an applicant desires that any information submitted in its application or any supplement thereto not be released by EPA upon request from a member of the public or otherwise made publicly available, the applicant must identify the confidential business information and provide reasons  why such information is confidential business information and should not be released, including particulars as to any competitive harm which would potentially result from the release of such information. EPA will keep such information confidential to the extent permitted by law.
___________________________________________________________________________________
Burden: The public reporting and recordkeeping burden for this collection of information is estimated to average 50 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, included through the use of automated collection techniques to the Director, Regulatory Support Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.
___________________________________________________________________________________Warning: Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by EPA. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution.  See, for example, 18 U.S.C. §1001.
___________________________________________________________________________________
Key Definitions

 Administrator means the Administrator of EPA.

 Applicant means the entity submitting the application for WIFIA credit assistance. Only interested parties that are invited to submit a WIFIA application become applicants. The following entities are eligible to receive credit assistance: a corporation, a partnership, a joint venture, a trust, a Federal, State, or local government, a tribal government or consortium of tribal governments, and a State infrastructure financing authority.

 Community water system has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).

 Credit assistance means a secured loan or loan guarantee under WIFIA.

 Credit agreement means a contractual agreement between the EPA and the project sponsor (and the lender, if applicable) that formalizes the terms and conditions established in the term sheet (or conditional term sheet) and authorizes the execution of a secured loan or loan guarantee.

 Eligible project costs mean amounts, substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of:
 Development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;
 Construction, reconstruction, rehabilitation, and replacement activities;
 The acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 5026(7)), construction contingencies, and acquisition of equipment; and
 Capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.

 Federal credit instrument means a secured loan or loan guarantee authorized to be made available under WFIA with respect to a project.

 Interested party, for the purposes of this part, means an entity submitting a request for WIFIA credit assistance. The following entities are eligible to receive credit assistance: a corporation, a partnership, a joint venture, a trust, a Federal, State, or local government, a tribal government or consortium of tribal governments, and a State infrastructure financing authority. Interested parties become applicants when they are invited to apply for WIFIA credit assistance.

 Investment-grade rating means a rating category of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a nationally recognized statistical rating organization (NRSRO) to project obligations.

 Iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

 Nationally Recognized Statistical Rating Organization (NRSRO) means a credit rating agency identified and registered by the Office of Credit Ratings in the Securities and Exchange Commission.

 Obligor means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation; partnership; joint venture; trust; Federal, State, or local governmental entity, agency, or instrumentality; tribal government or consortium of tribal governments. Generally, the obligor is the same as the interested party but is not required to be.

 Project means:
 1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)), notwithstanding the public ownership requirement under paragraph (1) of that subsection [link].
 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j - 12(a)(2)) [link].
 A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.
 A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).
 A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project.
 Acquisition of real property or an interest in real property --
 If the acquisition is integral to a project described in paragraphs (1) through (5); or
 Pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.
 A combination of projects, each of which is eligible under paragraph (1) or (2), for which a State infrastructure financing authority submits to the Administrator a single application.
 A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), or (6), for which an eligible entity, or a combination of eligible entities, submits a single application.

 Public entity means:
 a Federal, State, or local Governmental entity, agency, or instrumentality; or
 a Tribal Government or consortium of Tribal Governments.

 Publicly sponsored means the obligor can demonstrate, to the satisfaction of the Administrator that the interested party has consulted with the affected State, local or Tribal Government in which the project is located, or is otherwise affected by the project, and that such government supports the proposed project.

 Small Community means a community of no more than 25,000 individuals.

 State means any one of the fifty states, the District of Columbia, Puerto Rico, or any other territory or possession of the United States.

 State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j - 12).

 Term sheet means a contractual agreement between the EPA and the project sponsor (and the lender, if applicable) that sets forth the key business terms and conditions of a Federal credit instrument. Execution of this document represents a legal obligation of budget authority.

 Treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).

 WIFIA means the Water Infrastructure Finance and Innovation Act of 2014, Pub. L. 113-121, 33 U.S.C. 3901-3914.

Letter of Interest
Provide the following information in this form or as narrative answers. Narrative answers can reference source documents (include the name of the document and relevant pages or sections). Provide any referenced documents as attachments.

Section A: Interested Party Information
 Legal name of interested party: ____________________________________________________
 Other names under which the interested party does business: ___________________________
 Employer/taxpayer identification number (EIN/TIN): ___________________________________
 Dun and Bradstreet Data Universal Number System (DUNS) number: ______________________
 Department and division name: ____________________________________________________
 Business street address, city, state, zip:______________________________________________ ______________________________________________________________________________
 Mailing street address (if different from above): _______________________________________
______________________________________________________________________________
 Website: ______________________________________________________________________
 Type of entity (check all that apply):
             Corporation
             Partnership
             Joint Venture
             Trust
             Federal, State, or Local Governmental Entity, Agency, or Instrumentality
             Tribal Government or Consortium of Tribal Governments
             State Infrastructure Finance Authority
             Combination of the Above Entities
 Provide an organization chart for the project(s), including the individual members or titles of the project team(s).
 If the interested party is not a public entity or in the case of the interested party being a state infrastructure finance authority, the sub-recipient(s) is not a public entity, is the project(s) publicly sponsored?  Please explain.
 Describe the interested party's financial condition, including whether the interested party is current on all debt service, in risk of imminent default, in technical default, or in bankruptcy proceedings and the interested party's experience in undertaking the capital projects of a similar scope and size. Provide the year-end audited financial statements for the past three years, as available as an attachment.
 Indicate (yes or no) whether the interested party is prepared to submit an application within 365 days after receiving an invitation to advance. (Assume invitations to apply will be issued approximately 90 days from the close of the letter interest submission period).______________

Section B: Project Plan
 Project name(s) (for purposes of identification assign a short name to the project(s)):
______________________________________________________________________________
 Project website(s):  ______________________________________________________________
 Brief description of the project(s):
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 Describe the location of the project(s).
____________________________________________________________________________________________________________________________________________________________
 County(s) project(s) will serve: _____________________________________________________
 Population served by the project(s):_________________________________________________
 Total population served by system:__________________________________________________
 Indicate the type of project delivery method (i.e., design-build, construction manager at-risk, design-bid-build) that is planned for this project(s).
______________________________________________________________________________
 Describe the project's purpose (including quantitative or qualitative details on public benefits the project(s) will achieve).
 Present the project schedule(s), including the proposed project start and end dates of planning, design, permitting, and construction or implementation phases.
 Provide any analysis (i.e. preliminary engineering reports, feasibility studies, preliminary designs, siting studies, project plans, etc.) completed in support of the project(s). Provide any referenced documents as attachments.
 Present the findings of any alternatives analysis or business cases conducted, if available. Describe the project alternatives considered and the rationale (i.e., lowest capital cost, greater ease of operation, most reliable, fewest environmental impacts, etc.) for the selected alternative; this description should include the technical, managerial, financial, environmental, operational and local decision making rationale for the selected approach. Provide any referenced documents as attachments.
 Briefly discuss any other issues that may affect the development and financing of the project(s), such as community support, pending legislation, permitting, or litigation.
 Describe the authorizing actions that would need to occur in order to enter into a loan agreement with the WIFIA program.
 If available, provide a copy of the system master plan or like document.
 Present the environmental review process and status of such for the project(s).
 Describe the status of any additional permits and approvals that the project(s) may require.
 If applicable, detail how the project(s) serves a small community (a community of no more than 25,000 individuals).
 If applicable, describe community outreach efforts conducted to date and planned for the project(s).

Section C: Project Operations and Maintenance Plan

 Provide the estimated useful life of the project(s).
 Describe the project(s)'s operation, maintenance, and repair plan, including sources of revenue to finance those activities. A preliminary or draft plan is acceptable.
 Describe any contractual arrangements that may impact the operation of the project(s). Project credits should detail the risk allocation framework in this section.
Section D: Financing Plan

 Provide a narrative, addressing the financial structure of the project(s), a projection of debt service coverage ratios, and how the project(s)'s senior debt obligations will garner an investment-grade rating(s).
 List the estimated total capital costs of the project(s), broken down by activity type and differentiating between eligible project costs and ineligible project costs. More information about eligible costs is available at www.epa.gov/wifia.
 List the amount of the WIFIA assistance requested for the project(s). WIFIA assistance is generally limited to 49 percent of eligible project costs.
 Describe the terms of the interested party's existing debt and equity financing sources, as applicable, including at a minimum the amount, origination date, final maturity date, estimated interest rate, timing of disbursements, pledged security, repayment sources, amortization schedule, and lien position.
 Describe the terms expected for each source of financing for the project(s), including the WIFIA assistance, including at a minimum the amount, origination date, final maturity date, estimated interest rate, timing of disbursements, pledged security, repayment sources, amortization schedule, and lien position.
 Provide a sources and uses of funds exhibit for the construction period(s) showing the timing and amount of expected equity and debt funding by source, including the WIFIA assistance.
 Attach a summary financial pro forma which presents key assumptions and annual project cash flows through the final maturity of the proposed WIFIA debt.
 Describe the revenue source(s) pledged to repayment, and describe preliminary revenue projections.
 Describe the results and status of revenue feasibility studies.
 Has the interested party consulted with the applicable State Revolving Fund (SRF) Authority to procure SRF funding? If so, explain.

Section E: Selection Criteria
Detailed definitions for each selection criteria are provided in the WIFIA Program Guide available at www.epa.gov/wifia. If the selection criteria is not relevant to the project(s), respond "not applicable."

 National or regional significance: Describe the extent to which the project is nationally or regionally significant, with respect to the generation of economic and public health benefits.

 Enables project to proceed earlier: Describe the likelihood that assistance under this subtitle would enable the project to proceed at an earlier date than the project would otherwise be able to proceed.

 New or innovative approaches: Describe the extent to which the project uses new or innovative approaches such as the use of energy efficient parts and systems, or the use of renewable or alternate sources of energy; green infrastructure; and the development of alternate sources of drinking water through aquifer recharge, water recycling or desalination.

 Protection against extreme weather events: Describe the extent to which the project protects against extreme weather events, such as floods or hurricanes, as well as the impacts of climate change.

 Maintain or protect the environment or public health: Describe the extent to which the project helps maintain or protect the environment or public health.

 Serves energy exploration or production areas: Describe the extent to which a project serves regions with significant energy exploration, development, or production areas.

 Serves regions with water resource challenges: Describe the extent to which a project serves regions with significant water resource challenges, including the need to address water quality concerns in areas of regional, national, or international significance; water quantity concerns related to groundwater, surface water, or other resources; significant flood risk; water resource challenges identified in existing regional, state, or multistate agreements; and water resources with exceptional recreational value or ecological importance.

 Addresses identified priorities: Describe the extent to which the project addresses identified municipal, state, or regional priorities.

 Financing plan: Describe the extent to which the project financing plan includes public or private financing.

 Reduction of Federal assistance: Describe the extent to which assistance under this subtitle reduces the contribution of Federal assistance to the project.

 Readiness to proceed: Describe the readiness of the project to proceed toward development, including a demonstration by the obligor that there is a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project.

 Repair, rehabilitation, or replacement: Describe the extent to which the project addresses needs for repair, rehabilitation or replacement of a treatment works, community water system, or aging water distribution or wastewater collection system;

 Disadvantaged communities: Describe the extent to which the project serves disadvantaged communities, or pockets of disadvantaged rate payers within otherwise non-disadvantaged communities.

Section F: Contact Information
 Name:
Title:
Organization:
Street Address:
City/State/Zip:
Phone:
E-mail:

Name:
Title:
Organization:
Street Address:
City/State/Zip:
Phone:
E-mail:

Primary point of contact
 Name:
Title:
Organization:
Street Address:
City/State/Zip:
Phone:
E-mail:
Name:
Title:
Organization:
Street Address:
City/State/Zip:
Phone:
E-mail:
Secondary point of contact
Section G: Certifications

 National Environmental Policy Act:  The interested party acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
 American Iron and Steel:  The interested party acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance.
 Prevailing Wages:  The interested party acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules).
 Lobbying:  Section 1352 of Title 31, United States Code provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a Federal contract, grant, loan, or cooperative agreement or the modification thereof. The EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA program.
WIFIA interested parties must file a declaration: (a) with the submission of an application for WIFIA credit assistance; (b) upon receipt of WIFIA credit assistance (unless the information contained in the declaration accompanying the WIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the WIFIA credit assistance.
The undersigned certifies, to the best of his or her knowledge and belief, that:
 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
         This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
 Debarment:  The undersigned further certifies that it is not currently, nor has it been in the preceding three years: 1) debarred, suspended, or declared ineligible from participating in any Federal program; 2) formally proposed for debarment, with a final determination still pending; 3) voluntarily excluded from participation in a Federal transaction; or 4) indicted, convicted, or had a civil judgment rendered against it for any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Nonprocurement Debarment and Suspension Regulations: 2 C.F.R. Part 180 and Part 1532.
 Default/Delinquency:  The undersigned further certifies that neither it nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the Federal Government.
 Other Federal Requirements:  The interested party acknowledges that it must comply with all other federal statutes and regulations, as applicable.  A non-exhaustive list of federal cross-cutting statutes and regulations can be found at: www.epa.gov/wifia.
 Name:
Title:
Organization
Street Address:
City/State/Zip:
Phone:
E-mail:

Name:
Title:
Organization
Street Address:
City/State/Zip:
Phone:
E-mail:

Signature:  By submitting this letter of interest, the undersigned certifies that the facts stated and the certifications and representations made in this letter of interest are true, to the best of the interested party's knowledge and belief after due inquiry, and that the interested party has not omitted any material facts. The undersigned is an authorized representative of the interested party.Signature: ____________________________________________________________________________
Date Signed: __________________________________________________________________________

Section H: Notification of State Infrastructure Financing Authority.

By submitting this letter of interest, the undersigned acknowledges that EPA will (1) notify the appropriate State infrastructure financing authority in the State in which the project is located that the interested party submitted this this letter of interest; and (2) provide the submitted letter of interest and source documents with it to that State infrastructure financing authority.

Interested parties that do not want their letter of interest and source documents shared with the State infrastructure financing authority in the state in which the project is located may opt out by initialing here _____________.

Per [citation of WIFIA implementation rule], EPA will notify the State infrastructure financing authority within 30 days of receiving a letter of interest.

Signature: ____________________________________________________________________________
Name: _______________________________________________________________________________
Date Signed: __________________________________________________________________________


[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Notices]
[Page 65113]
[DOCID:fr19no07-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56780; File No. 4-429]

Joint Industry Plan; Order Approving Joint Amendment No. 23 to
the Plan for the Purpose of Creating and Operating an Intermarket
Option Linkage To Permit the Use of Linkage Prior to the Opening of
Trading

November 13, 2007.

I. Introduction

    On September 14, 2007, September 19, 2007, August 29, 2007, August
30, 2007, August 29, 2007, and September 26, 2007, the American Stock
Exchange LLC (``Amex''), the Boston Stock Exchange, Inc. (``BSE''), the
Chicago Board Options Exchange, Incorporated (``CBOE''), the
International Securities Exchange, LLC (``ISE''), the NYSE Arca, Inc.
(``NYSE Arca''), and the Philadelphia Stock Exchange, Inc. (``Phlx'')
(collectively, ``Participants''), respectively, filed with the
Securities and Exchange Commission (``Commission'') pursuant to section
11A of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 608
thereunder \2\ an amendment (``Joint Amendment No. 23'') to the Plan
for the Purpose of Creating and Operating an Intermarket Option Linkage
(``Linkage Plan'').\3\ In Joint Amendment No. 23, the Participants
propose to modify section 7(a)(i) of the Linkage Plan to permit trading
on Linkage prior to the opening of trading. The proposed Joint
Amendment No. 23 was published in the Federal Register on October 12,
2007.\4\ The Commission received no comments on Joint Amendment No. 23.
This order approves Joint Amendment No. 23.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ On July 28, 2000, the Commission approved a national market
system plan for the purpose of creating and operating an intermarket
options market linkage proposed by the Amex, CBOE, and ISE. See
Securities Exchange Act Release No. 43086 (July 28, 2000), 65 FR
48023 (August 4, 2000). Subsequently, Phlx, Pacific Exchange, Inc.
(n/k/a NYSE Arca, Inc.), and BSE joined the Linkage Plan. See
Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65
FR 70851 (November 28, 2000); 43574 (November 16, 2000), 65 FR 70850
(November 28, 2000); and 49198 (February 5, 2004), 69 FR 7029
(February 12, 2004).
    \4\ See Securities Exchange Act Release No. 56605 (October 3,
2007), 72 FR 58134.
---------------------------------------------------------------------------

II. Description of the Proposed Amendment

    The Linkage Plan currently does not permit use of Linkage before an
exchange opens for trading and disseminates a quotation in an option
series. In Joint Amendment No. 23, the Participants proposed to amend
section 7(a)(i) of the Linkage Plan to permit the use of Linkage prior
to the opening of trading. Specifically, Joint Amendment No. 23 would
allow Participants to send Linkage P/A Orders \5\ to the Linkage prior
to the exchange's opening.
---------------------------------------------------------------------------

    \5\ See Section 2(16)(a) of the Linkage Plan.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful consideration of Joint Amendment No. 23, the
Commission finds that approving Joint Amendment No. 23 is consistent
with the requirements of the Act and the rules and regulations
thereunder. Specifically, the Commission finds that Joint Amendment No.
23 is consistent with section 11A of the Act \6\ and Rule 608
thereunder \7\ in that it is appropriate in the public interest, for
the protection of investors and the maintenance of fair and orderly
markets. The Commission believes that allowing Participants to send
Linkage P/A Orders to the Linkage prior to the exchange's opening
should facilitate investors' intermarket access to superior prices
disseminated by Participants other than the one to which the order was
initially sent.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78k-1.
    \7\ 17 CFR 242.608.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \8\ and
Rule 608 thereunder,\9\ that Joint Amendment No. 23 is approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-22533 Filed 11-16-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18800-18804]
[FR Doc No: 2022-06818]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0047]

Port Access Route Study: Approaches to Maine, New Hampshire, and
Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Notice of study; request for comments.

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SUMMARY: The Coast Guard is conducting a Port Access Route Study (PARS)
to evaluate the adequacy of existing vessel routing measures and
determine whether additional vessel routing measures are necessary for
port approaches to Maine, New Hampshire, Massachusetts, and
international and domestic transit areas in the First Coast Guard
District area of responsibility (AOR). The Approaches to Maine, New
Hampshire, and Massachusetts PARS (MNMPARS) will consider whether
existing or additional routing measures are necessary to improve
navigation safety due to factors such as planned or potential offshore
development, current port capabilities and planned improvements,
increased vessel traffic, changing vessel traffic patterns, weather
conditions, or navigational difficulty. Vessel routing measures, which
include traffic separation schemes, two-way routes, recommended tracks,
deep-water routes, precautionary areas, and areas to be avoided, are
implemented to reduce risk of marine casualties. The recommendations of
the study may subsequently be implemented through rulemakings or in
accordance with international agreements.

DATES: All comments and related material must be received on or before
May 16, 2022. Commenters should be aware that the electronic Federal
Docket Management System will not accept comments after midnight,
Eastern Daylight Time, on the last day of the comment period.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0047 using the Federal eRulemaking Portal (http://www.regulations.gov). See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of study, call or email LTJG Thomas Davis, First Coast Guard
District (dpw), U.S. Coast Guard: telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

ACPARS Atlantic Coast Port Access Route Study
AIS Automatic Identification System
COMDTINST Commandant Instruction
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
MNMPARS Approaches to Maine, New Hampshire, and Massachusetts Port
Access Route Study
MTS Marine Transportation System
PARS Port Access Route Study
TSS Traffic Separation Scheme
USCG United States Coast Guard

II. Background and Purpose

    A. Requirements for Port Access Route Studies: Under Section 70003
of Title 46 of the United States Code, the Commandant of the U.S. Coast
Guard may designate necessary fairways and traffic separation schemes
(TSSs) to provide safe access routes for vessels proceeding to and from
U.S. ports. The designation of fairways and TSSs recognizes the
paramount right of navigation over all other uses in the designated
areas.
    Before establishing or adjusting fairways or TSSs, the Coast Guard
must conduct a PARS, i.e., a study of potential traffic density and the
need for safe access routes for vessels. Through the study process, the
Coast Guard must coordinate with federal, state, tribal, and foreign
state agencies (where appropriate) and consider the views of maritime
community representatives, environmental groups, and other
stakeholders. The primary purpose of this coordination is, to the
extent practicable, to reconcile the need for safe access routes with
other reasonable waterway uses such as anchorages, construction,
operation of renewable energy facilities, marine sanctuary operations,
commercial and recreational activities, and other uses.
    In addition to aiding in the establishment of new or adjusting
existing fairways or TSSs, this PARS may recommend establishing or
amending other vessel routing measures. Examples of other routing
measures include two-way routes, recommended tracks, deep-water routes
(for the benefit primarily of ships whose ability to maneuver is
constrained by their draft), precautionary areas (where ships must
navigate with particular caution), and areas to be avoided (for reasons
of exceptional danger or especially sensitive ecological environmental
factors).
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[GRAPHIC] [TIFF OMITTED] TN31MR22.000

    B. Previous Port Access Route Studies within this Study Area: The
Coast Guard established the TSS in the approaches to Portland, ME, in
1978. In 2005, the Coast Guard published a notice of study in the
Federal Register (70 FR 7067; February 10, 2005) announcing a PARS to
Evaluate the Vessel Routing Measures in the Approaches to Portland, ME,
and Casco Bay, ME. The PARS was completed in 2006 and concluded that no
amendment to the TSS was needed.
    The TSS in the approach to Boston, MA was established in 1973 and
was amended in 1983, 2007, and 2009. In 2005, the Coast Guard announced
in the Federal Register (70 FR 8312; February 18, 2005) a PARS of
Potential Vessel Routing Measures to Reduce Vessel Strikes of North
Atlantic Right Whales. The completed PARS was published in the Federal
Register (71 FR 29876; May 24, 2006) and recommended realigning and
amending the location and size of the western portion of the TSS in the
approach to Boston, MA. The TSS was revised in 2007 and the new
configuration appeared on nautical charts soon thereafter.

[GRAPHIC] [TIFF OMITTED] TN31MR22.001

BILLING CODE 9110-04-C
    In 2016, the Coast Guard published a notice of its Atlantic Coast
Port Access Route Study (ACPARS) in the Federal Register (81 FR 13307;
March 14, 2016) and announced the study report as final in the Federal
Register (82 FR 16510; April 5, 2017). The ACPARS analyzed the Atlantic
Coast waters seaward of existing port approaches within the U.S.
Exclusive Economic Zone (EEZ). Information provided by stakeholders and
Automatic Identification System (AIS) vessel traffic data was used to
identify and verify deep draft and coastwise navigation routes
typically followed by ships engaged in commerce between international
and domestic U.S. ports.
    C. Need for a New Port Access Route Study: In 2019, the Coast Guard
announced a new study of routes used by ships to access ports on the
Atlantic Coast of the United States in the Federal Register (84 FR
9541; March 15, 2019). This study supplemented and built upon the
ACPARS by conducting a series of PARSs to examine ports along the
Atlantic Coast that are economically significant, that support military
or critical national defense operations, and any related international
entry and departure transit areas that are integral to the safe,
efficient, and unimpeded flow of commerce to/from major international
shipping lanes. The MNMPARS will be conducted in support of the ACPARS
initiative.

III. Information Requested

    The study area encompasses a very large region (20,500 square
nautical miles), bounded by the states of Maine, New Hampshire, and
Massachusetts, and the Canadian provinces of Nova Scotia and New
Brunswick. The purpose of this notice is to announce commencement of
this PARS to examine the First Coast Guard District's portion of the
Gulf of Maine, the New Hampshire Seacoast, and the Massachusetts Bay,
and to solicit public comments. We encourage you to participate in the
study process by submitting comments in response to this notice.
Comments should address impacts to navigation in the area of study
resulting from factors such as offshore development, increased vessel
traffic, changing vessel traffic patterns, weather conditions, or
navigational difficulty.

IV. Public Participation and Request for Comments

    We encourage you to participate in this study by submitting
comments and related materials.
    A. Submitting Comments: To submit your comment online, go to http://www.regulations.gov, and insert ``USCG-2022-0047'' in the ``search
box.'' Click ``Search''. Then click ``Comment.'' The ``Comment'' button
can be found on the following pages:
     Docket Details page when a document within the docket is
open for comment,
     Document Details page when the document is open for
comment, and

     Document Search Tab with all search results open for
comment displaying a ``Comment'' button.
    Clicking ``Comment'' on any of the above pages will display the
comment form. You can enter your comment on the form, attach files
(maximum of 20 files up to 10MB each), and choose whether to identify
yourself as an individual, an organization, or anonymously. Be sure to
complete all required fields depending on which identity you have
chosen. Once you have completed all required fields and chosen an
identity, the ``Submit Comment'' button is enabled. Upon completion,
you will receive a Comment Tracking Number for your comment. For
additional step by step instructions, please see the Frequently Asked
Questions page on http://www.regulations.gov or by clicking https://www.regulations.gov/faq.
    We accept anonymous comments. Comments we post to http://www.regulations.gov will include any personal information you have
provided.
    We review all comments and materials received during the comment
period, but we may choose not to post off-topic, inappropriate, or
duplicate comments that we receive.
    B. How do I find and browse for posted comments on Regulations.gov.
On the previous version of Regulations.gov, users browsed for comments
on the Docket Details page. However, since comments are made on
individual documents, not dockets, new Regulations.gov organizes
comments under their corresponding document. To access comments and
documents submitted to this draft version of the study report go to
http://www.regulations.gov, and insert ``USCG-2022-0047'' in the
``search box.'' Click ``Search.'' Then scroll down to and click on the
``notice'' entitled ``Port Access Route Study: Notice of availability
of draft report and public information session; request for comments.''
This will open to the ``Document Details'' page. Then click on the
``Browse Comments'' tab. On the comment tab, you can search and filter
comments. Note: If no comments have been posted to a document, the
``Comments'' tab will not appear on the Document Details page.
    C. If you need additional help navigating the new Regulations.gov.
For additional step by step instructions to submit a comment or to view
submitted comments or other documents please see the Frequently Asked
Questions (FAQs) at http://www.regulations.gov/faqs or call or email
the person in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions.
    D. Privacy Act: Anyone can search the electronic form of comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review a
Privacy Act, system of records notice regarding DHS's eRulemaking in
the March 11, 2020 issue of the Federal Register (85 FR 14226).

V. MNMPARS: Timeline, Study Area, and Process

    The First Coast Guard District will conduct this PARS. The study
will commence upon publication of this notice and may take 12 months or
more to complete.
    The study area will include the Gulf of Maine, the New Hampshire
Seacoast, and Massachusetts Bay regions within the First Coast Guard
District AOR encompassed by a line connecting the following geographic
positions:

 41[deg]55' N 70[deg]33' W
 42[deg]08' N 70[deg]15' W
 42[deg]08' N 67[deg]08'17'' W

then proceeding north along the outermost extent of the EEZ and U.S./
Canadian border and thence along the coast line back to the origin.
This area extends approximately 175 nautical miles seaward and covers
approximately 20,500 square nautical miles. An illustration showing the
study area is below.

[GRAPHIC] [TIFF OMITTED] TN31MR22.002

    Analyses will be conducted in accordance with COMDTINST 16003.2B,
Marine Planning to Operate and Maintain the Marine Transportation
System (MTS) and Implement National Policy. Instruction is available at
https://media.defense.gov/2019/Jul/10/2002155400/-1/-1/0/CI_16003_2B.PDF.
    We will publish the results of the PARS in the Federal Register. It
is possible that the study may validate the status quo (no routing
measures) and conclude that no changes are necessary. It is also
possible that the study may recommend one or more changes to address
navigational safety and the efficiency of vessel traffic management.
The recommendations may lead to future rulemakings or appropriate
international agreements.

VI. Future Actions

    In Person Public Meetings: Although the Coast Guard prefers and
highly encourages all comments and related material be submitted
directly to the electronic docket we do understand the value that in
person public meetings will add to the study. Therefore, the Coast
Guard intends to hold public meetings at various locations throughout
the study area as the 2022 study process continues. For this initial
comment period we ask that you make your comments directly to the
docket, addressing impacts to navigation in the area of study resulting
from factors such as offshore development, increased vessel traffic,
changing vessel traffic patterns, weather conditions, or navigational
difficulty. We anticipate that these early comments will inform us as
to prevalent concerns and how best to use our limited resources when
scheduling meeting locations.
    Future public meetings will be announced by a notice in the Federal
Register.
    This notice is published under the authority of 5 U.S.C. 552(a).

    Dated: March 22, 2022.
T.G. Allan Jr.,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2022-06818 Filed 3-30-22; 8:45 am]
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