[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Notices]
[Pages 37237-37238]
[FR Doc No: 2016-13621]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2016-0052]

Environmental Impact and Related Procedures

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation.

ACTION: Notice.

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

SUMMARY: FRA is issuing this notice to solicit public comments on the
potential application of 23 CFR part 771, Environmental Impact and
Related Procedures, to railroad projects. Part 771 currently prescribes
the Federal Highway Administration (FHWA) and Federal Transit
Administration (FTA) procedures for implementing the National
Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et
seq.) and 23 U.S.C. 139, Efficient Environmental Reviews for Project
Decisionmaking. FRA would further develop the application of 23 CFR
part 771 to railroad projects in a rulemaking proceeding.

DATES: FRA must receive written comments on this notice on or before
July 11, 2016. FRA will consider comments received after this date to
the extent practicable.

ADDRESSES: Comments: Persons providing comments related to docket
number FRA-2016-0052 must do so by any of the following methods:
     Online: Comments should be filed at the Federal
eRulemaking Portal, http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., W12-140, Washington, DC
20590.
     Hand Delivery: Room W12-140 on the Ground level of the
West Building, 1200 New Jersey Ave. SE., Washington, DC between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name, docket
name and docket number for this notice. Note that FRA will post all
comments received without change to http://www.regulations.gov,
including any personal information provided.
    Docket: To access the docket or read background documents or
comments received, go to http://www.regulations.gov at any time, or to
the U.S. Department of Transportation, Docket Operations, M-30, West
Building, Ground Floor, Room W12-140, 1200 New Jersey Ave. SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Johnsen, Environmental and
Corridor Planning Division, Office of Program Delivery, Federal
Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590
or by telephone at<PHONE_NUMBER> or Mr. Chris Van Nostrand, Attorney-
Advisor, Office of Chief Counsel, Federal Railroad Administration, 1200
New Jersey Ave. SE., Washington, DC 20590 or by telephone at 202-493-
6058.

SUPPLEMENTARY INFORMATION: On December 4, 2015, the President signed
the Fixing America's Surface Transportation (FAST) Act into law (Pub.
L. 114-94). Section 11503 of the FAST Act requires the Secretary of
Transportation (Secretary), among other things, to apply, to the
greatest extent feasible, the project development procedures described
in 23 U.S.C. 139 (Efficient Environmental Reviews for Project
Decisionmaking) to railroad projects requiring the Secretary's approval
under NEPA. The Secretary must incorporate into FRA regulations and
procedures for railroad projects aspects of the 23 U.S.C. 139 project
development procedures, or portions thereof, which increase the
efficiency of the review of railroad projects consistent with section
11503. In addition, section 11503 requires the Secretary to publish a
notice of proposed rulemaking to propose new and existing categorical
exclusions for railroad projects the Secretary must approve under NEPA.
See 49 U.S.C. 24201(c).
    In light of section 11503's requirements, FRA is evaluating whether
to apply 23 CFR part 771 to railroad projects. Part 771 currently
prescribes FHWA and FTA procedures for implementing NEPA, including 23
U.S.C. 139 requirements. In FRA's view, applying part 771 to railroad
projects may be the most efficient way to comply with section 11503 and
promote consistency in FTA, FHWA, and FRA environmental reviews. In
addition, FRA would not need to develop entirely new NEPA regulations
for railroad projects. FRA, in conjunction with FHWA and FTA, would
engage in a rulemaking to revise part 771 to make it applicable to
railroad projects before such an approach would become effective. FRA
seeks input from interested parties, stakeholders, and the public on
this proposal.

    Issued in Washington, DC, on June 3, 2016.
Sarah E. Feinberg,
Administrator.
[FR Doc. 2016-13621 Filed 6-8-16; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33873-33876]
[FR Doc No: 2013-13275]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69672; File No. SR-Phlx-2013-58]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Permit Fees and Other Floor Fees

May 30, 2013.
    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 May 21, 2013 NASDAQ OMX PHLX LLC (``Phlx'' or ``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. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Permit Fee and certain Options
Trading Floor Fees, including a technical amendment to the Pricing
Schedule.
    While changes to the Pricing Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated the proposed
amendment to be operative on June 3, 2013.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal
office of the Exchange, on the Commission's Web site at http://www.sec.gov, 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 aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to increase the Permit
Fee in Section VI, entitled ``Membership Fees'' at Part A entitled
``Permit and Registration Fees'' of the Pricing Schedule to recoup
costs associated with the administration of the Exchange's members. The
Exchange also proposes to amend Section VII entitled ``Other Member
Fees'' at Part A entitled ``Options Trading Floor Fees'' of the Pricing
Schedule to eliminate the Trading/Administrative Booths Fee and the
Specialist Post Fee and increase the Floor Facility Fees. The Exchange
believes that the increases are necessary to keep pace with escalating
technology costs, costs of certain floor-related charges due to a rise
in occupancy expenses and rising overhead costs associated with
maintaining the trading floor.
    The Exchange also proposes to make a technical amendment to the
Pricing Schedule to eliminate certain unnecessary text in Chapter VI,
Part A.
Permit Fee
    The Exchange assesses two different Permit Fees based on whether a
member or member organization is transacting business on the Exchange.
The Exchange assesses members and member organizations that are
transacting business on the Exchange a Permit Fee of $2,100 per month.
A member or member organization will be assessed the $2,100 monthly
Permit Fee if that member or member organization: (1) Transacts its
option orders in its assigned Phlx house account in a particular month;
or (2) is a clearing member of The Options Clearing Corporation or a
Floor Broker; or (3) for those member organizations which are under
common ownership, transacts at least one options trade in a Phlx house
account that is assigned to one of the member organizations under
common ownership.\3\ The Exchange assesses members and member
organizations that are not transacting business on the Exchange a
Permit Fee of $7,500 per month. A member or member organization is
assessed the $7,500 Permit Fee for not transacting business on the
Exchange if that member is either: (i) not a PSX Only Participant; \4\
or (ii) not engaged in an options business at Phlx in a particular
month. In addition, a member or member organization that sponsors an
options participant \5\ would pay an additional Permit Fee for each
sponsored options participant.
---------------------------------------------------------------------------

    \3\ Common ownership means 75% common ownership or control.
    \4\ Applicants that apply for membership solely to participate
in the NASDAQ OMX PSX equities market are not assessed a Permit Fee,
Application Fee, Initiation Fee, or Account Fee. See Securities
Exchange Act Release No. 61863 (April 7, 2010), 75 FR 20021 (April
16, 2010) (SR-Phlx-2010-54).
    \5\ See Exchange Rule 1094 titled Sponsored Participants. A
Sponsored Participant may obtain authorized access to the Exchange
only if such access is authorized in advance by one or more
Sponsoring Member Organizations. Sponsored Participants must enter
into and maintain participant agreements with one or more Sponsoring
Member Organizations establishing a proper relationship(s) and
account(s) through which the Sponsored Participant may trade on the
Exchange.
---------------------------------------------------------------------------

    The Exchange is proposing to increase the $2,100 Permit Fee for
members transacting business on the Exchange to $2,150 per month. The
Exchange is seeking to recoup costs incurred from the membership
administration function. The Exchange is not amending the Permit Fee
for members who are not transacting business on the Exchange. The
Exchange proposes to make corresponding amendments to Section VI, Part
A where the permit fee is referenced.
Other Member Fees
    The Exchange proposes to eliminate the Trading/Administrative
Booths fee of $300 per month fee paid by floor brokers and clearing
firms \6\ and the Specialist Post Fee of $3,000 per month paid by
Specialist units. The Trading/Administrative Booth space is physical
space on the Exchange's trading floor, which space typically is used by
floor brokers. The Specialist Post is physical space on the Exchange's
trading floor which is used by Specialist units. The Exchange proposes
to amend the Floor Facility fee to cover the costs of operating the
trading floor.
---------------------------------------------------------------------------

    \6\ Today, any floor participant may elect to obtain a booth on
the Exchange's trading floor.
---------------------------------------------------------------------------

    The Exchange proposes to increase the Floor Facility fee from $300
to $330 per month. Today, the Floor Facility fee is applicable to
Registered Options

Traders,\7\ individual Specialists \8\ and SQTs.\9\ The Floor Facility
fee was intended to fairly allocate costs attendant to providing
members with services necessary to the conduct of business on the floor
of the Exchange. The Exchange proposes to assess the proposed increased
Floor Facility fee to Clerks,\10\ excluding Inactive Nominees,\11\ and
Floor Brokers in addition to ROTs (including SQTs) and individual
Specialists. The Exchange proposes to increase this fee to offset the
increased costs of operating a trading floor facility and the
elimination of the Trading/Administrative Booths fee and the Specialist
Post fee.
---------------------------------------------------------------------------

    \7\ A Registered Options Trader (``ROT'') includes a Streaming
Quote Trader (``SQT''), a Remote Streaming Quote Trader (``RSQT'')
and a Non-SQT, which by definition is neither a SQT or a RSQT. An
ROT is defined in Exchange Rule 1014(b) as a regular member of the
Exchange located on the trading floor who has received permission
from the Exchange to trade in options for his own account. See
Exchange Rule 1014(b)(i) and (ii).
    \8\ A Specialist is an Exchange member who is registered as an
options specialist pursuant to Rule 1020(a). Each individual
Specialist is assessed this fee and the Specialist unit is assessed
the Specialist Post Fee of $3,000 per month. In the instance that an
individual Specialist is also an SQT, that member will only pay a
$300 Floor Facility Fee per month; that Specialist would not be
assessed the fee for each capacity. See Securities Exchange Act
Release No. 66086 (January 3, 2012), 77 FR 1111 (January 9, 2012).
    \9\ An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such SQT is
assigned. If a ROT or SQT also determined to acquire a Trading/
Administrative Booth, they would also be assessed that fee as well.
    \10\ Pursuant to Exchange Rule 1090, the term ``Clerk'' means
any registered on-floor person employed by or associated with a
member or member organization who is not a member and is not
eligible to effect transactions on the Options Floor as a
Specialist, ROT, or Floor Broker. For purposes of this Rule, an
Inactive Nominee shall be deemed a Clerk. See Rule 1090.
    \11\ Pursuant to Exchange Rule 925, a member organization may
designate an individual as an ``Inactive Nominee.'' To be eligible
to be an inactive nominee an individual must be approved as eligible
to hold a permit in accordance with the Exchange's By-Laws and
Rules. An inactive nominee has no rights and privileges of a permit
holder until the inactive nominee becomes an effective permit holder
and all applicable Exchange fees are paid. See Exchange Rule 925.
The Inactive Nominee would be assessed the fee for the 6 months
during which the Inactive Nominee maintains its status with the
Exchange.
---------------------------------------------------------------------------

Technical Amendment
    The Exchange proposes to amend certain unnecessary language in
Chapter VI, Section A that was recently added to the Pricing Schedule
to provide a temporary waiver of the Application and Initiation Fees
for current Remote Streaming Quote Trader Organizations.\12\ The
Exchange implemented the waiver for the time period from April 24, 2013
to May 13, 2013.\13\ At this time, the Exchange proposes to remove this
text from the Pricing Schedule as it is unnecessary.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 69500 (May 2,
2013), 78 FR 26841 (May 8, 2013).
    \13\ Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its Pricing
Schedule is consistent with Section 6(b) of the Act \14\ in general,
and furthers the objectives of Section 6(b)(4) of the Act \15\ in
particular, in that it provides for an equitable allocation of
reasonable fees and other charges among Exchange members and other
persons using its facilities.
---------------------------------------------------------------------------

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

Permit Fee
    The Exchange believes that the proposed increase to the Permit Fee
for members transacting business on the Exchange is reasonable because
the Exchange is seeking to recoup costs related to membership
administration. The proposed fee is in the range of similar fees at
other exchanges and less than other fees.\16\ In addition, the Exchange
believes that the Permit Fee is equitable and not unfairly
discriminatory, because unlike other exchanges, Phlx's Permit Fees are
the same for every options permit holder that is conducting business at
the Exchange. The Exchange also believes that the increased fee is
equitable and not unfairly discriminatory because the Permit Fee for
not transacting business on the Exchange remains substantially higher
as is the case today.
---------------------------------------------------------------------------

    \16\ See the Chicago Board Options Exchange, Incorporated's Fees
Schedule. Per month a Market Maker Trading Permit is $5,500, a SPX
Tier Appointment is $3,000, a VIX Tier Appointment if $2,000, a
Floor Broker Trading Permit is $9,000, an Electronic Access Permit
is $1,600 and there is no access fee for a CBSX Trading Permit. See
also the International Securities Exchange LLC's Schedule of Fees.
Per month an Electronic Access Member is assessed $500.00 for
membership and a market maker is assessed from $2,000 to $4,000 per
membership depending on the type of market maker. See also C2
Options Exchange, Incorporated's Fees Schedule. Per month, a market-
maker is assessed a $5,000 permit fee, an Electronic Access Permit
is assessed a $1,000 permit fee and a SPXM Tier appointment is
assessed a $4,000 fee after March 31, 2013. See also NYSE Arca,
Inc.'s Fee Schedule. Per month, a Floor Broker, Office and Clearing
Firm are assessed a $1,000 per month fee for the first Options
Trading Permit (``OTP'') and $250 thereafter, and a market maker is
assessed a $4,000 per month fee for one to four OTPs and $1,000
thereafter.
---------------------------------------------------------------------------

Other Member Fees
    The Exchange believes that it is reasonable to eliminate the
Trading/Administrative Booths fee and Specialist Post fee because the
Exchange believes those fees no longer adequately cover the costs of
operating the trading floor. In addition, the Exchange is seeking to
encourage members and member organization to utilize and expand use of
the space available on its trading floor. The Exchange believes that it
is equitable and not unfairly discriminatory to eliminate the Trading/
Administrative Booths fee and Specialist Post fee because no market
participant would be assessed these fees.
    The Exchange believes that increasing the Floor Facility fee is
reasonable because the fee offsets the increased costs of operating a
trading floor facility. The increases are necessary to keep pace with
technology costs, costs of certain floor-related charges due to a rise
in occupancy expenses and rising overhead costs associated with
maintaining the trading floor. Further, the proposed modifications to
the Floor Facility fee, coupled with the elimination of the Trading/
Administrative Booths fee and the Specialist Post fee better recoups
the costs of operating a trading floor.
    The Exchange believes that increasing the Floor Facility Fee is
equitable and not unfairly discriminatory because the fee will be
applied uniformly to all members and their respective staff, who
operate routinely from the floor of the Exchange. The Exchange believes
this fee is indicative of the costs attributable to these categories of
floor participants and therefore the fee is being equitable assessed
and is not unfairly discriminatory.
    The Exchange believes that it is equitable and not unfairly
discriminatory to assess Clerks the Floor Facility Fee in addition to
the other market participants as discussed above. Clerks are registered
on-floor personnel that utilize the Exchange's services and are
responsible for the rise in technology and other overheard costs.
Inactive Nominees are considered a Clerk, but also pay additional fees
associated with being an Inactive Nominee \17\ and do not routinely
utilize

the floor in the manner as other Clerks supporting member's day-to-day
operations. The Exchange today assesses floor brokers the Trading/
Administrative Booths fee, this fee of $300 per month is being
eliminated and instead floor brokers would pay the $330 per month
proposed Floor Facility fee. While this results in an increased cost of
$300 per month for Floor Brokers, the Exchange believes that the fee is
equitable and not unfairly discriminatory because as mentioned above,
floor brokers utilize the facilities of the Exchange as do Clerks,
individuals Specialists and ROTs. In addition, the Exchange anticipates
that most floor brokers will experience an overall reduction in costs
due to the elimination of the Trading/Administrative Booths fee. The
Exchange's proposal to distribute the cost to each of these market
participants applies the fee to the recipients who consume the services
offered at the Exchange to conduct trading on the floor. The
elimination of the Specialist Post fee will result in the elimination
of a $3,000 per month charge for Specialist units. The individual
Specialists are assessed the Floor Facility fee today and would
experience the increase of $30 per month.
---------------------------------------------------------------------------

    \17\ Inactive Nominees are assessed an Inactive Nominee Fee of
$600 for 6 months of eligibility. The member organization is
assessed $100 per month for the applicable six month period unless
the member organization provides proper notice of its intent to
terminate an inactive nominee prior to the first day of the next
billing month. An inactive nominee's status expires after six months
unless it has been reaffirmed in writing by the member organization
or is sooner terminated. A member organization is assessed the
Inactive Nominee Fee every time the status is reaffirmed. An
inactive nominee is also assessed Application and Initiation Fees
when such person applies to be an inactive nominee. Such fees are
reassessed if there is a lapse in their inactive nominee status.
However, an inactive nominee would not be assessed Application and
Initiation Fees if such inactive nominee applied for membership
without any lapse in that individual's association with a particular
member organization. An Inactive Nominee is also assessed the
Trading Floor Personnel Registration Fee.
---------------------------------------------------------------------------

Technical Amendment
    The Exchange's proposal to remove text in Chapter VI, Section A
related to a waiver of the Application and Initiation Fees for current
RSQTOs for the time period from April 24, 2013 to May 13, 2013 is
reasonable, equitable and not unfairly discriminatory because the rule
text is unnecessary and inapplicable to any market participant at this
time.

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 not necessary or appropriate in
furtherance of the purposes of the Act.
    The Exchange is proposing to increase the Permit Fees which are
applicable to members and member organizations transacting business on
the Exchange. The increase is attributable to a rise in costs at the
Exchange and is assessed to those members and member organizations that
are currently transacting business on Phlx. The increase narrows the
gap between permit holders transacting business on the Exchange and
those members that are not transacting business on the Exchange. This
fee does not impose an undue burden on competition.
    The Exchange's proposal to eliminate the Trading/Administrative
Booths Fee because those booths no longer exist does not impose an
undue burden on competition because the Exchange would not assess this
fee to any market participant. Increasing the Floor Facility Fees and
allocating that fee to Clerks and Floor Brokers does not create an
undue burden on competition because the Exchange is allocating its
costs among those market participants that benefit from the Exchange's
services. The Exchange is also eliminating the Trading/Administrative
Booths Fee that is borne today by floor brokers and clearing firms.
    The Exchange operates in a highly competitive market, comprised of
eleven exchanges, in which market participants can easily and readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. Accordingly, the fees that are
assessed by the Exchange described in the above proposal are influenced
by these robust market forces and therefore must remain competitive
with fees charged by other venues and therefore must continue to be
reasonable and equitably allocated to those members that opt to direct
orders to the Exchange rather than competing venues.

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.\18\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-Phlx-2013-58 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 No. SR-Phlx-2013-58. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Phlx-2013-58 and should be
submitted on or before June 26, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13275 Filed 6-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9587-9588]
[FR Doc No: 2013-02962]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0042]

Drawbridge Operation Regulation; Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The U.S. Coast Guard has issued a temporary deviation from the
operating schedule that governs the operation of the Cape Fear River
Memorial Bridge, across the Cape Fear River, mile 26.8, at Wilmington,
NC. The deviation is necessary to restrict the operation of the draw
span to facilitate the bi-annual trunnion inspection.

DATES: This temporary deviation is effective from 7 a.m. on March 11,
2013, until 7 p.m. on March 14, 2013.

ADDRESSES: The docket for this notice, USCG-2013-0042, is available on
line at http://www.regulations.gov by typing the docket number in the
``SEARCH'' box and clicking ``SEARCH.'' Next, click on Open Docket
Folder on the line associated with this notice. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mrs. Kashanda Booker, Bridge
Management Specialist, Fifth Coast Guard District, telephone

(757) 398-6227, email<EMAIL_ADDRESS>If you have questions
on viewing the docket, call Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The North Carolina Department of
Transportation, who owns and operates this vertical lift bridge, has
requested a temporary deviation to conduct the bi-annual trunnion
inspection.
    Under the regular operating schedule, the bridge opens on signal as
required by 33 CFR 117.5, except that under 33 CFR 117.823, the draw
need not open for the passage of vessels from 8 a.m. to 10 a.m. on the
second Saturday of July and from 7 a.m. to 11 a.m. on the first or
second Sunday of November every year.
    The Cape Fear River Memorial Bridge, at mile 26.8, at Wilmington,
NC, has vertical clearances in the open and closed positions of 135
feet and 65 feet above mean high water, respectively.
    Under this temporary deviation, the drawbridge will be closed to
navigation beginning each day from 7 a.m. to 7 p.m., on March 11, 2013,
through March 14, 2013; however, vessel openings will be provided if at
least two hours advance notice is given. At all other times, the
drawbridge opens on signal. There are no alternate routes for vessels
transiting this section of the Cape Fear River. The drawbridge will be
able to open in the event of an emergency.
    Typical vessel traffic on the Cape Fear River includes a variety of
vessels from freighters, tug and barge traffic, and recreational
vessels. Vessels that can pass under the bridge without a bridge
opening may continue to do so at anytime.
    The Coast Guard has carefully coordinated the restrictions with
commercial and recreational waterway users. The Coast Guard will inform
all users of the waterway through our Local and Broadcast Notice to
Mariners of the closure periods for the bridge so that vessels can
arrange their transits to minimize any impacts caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: January 30, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2013-02962 Filed 2-8-13; 8:45 am]
BILLING CODE 9110-04-P