[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55568-55570]
[FR Doc No: 2020-19812]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0847]

Period of Public Comment for the FAA Aviation Maintenance
Technical Workers Workforce Development Grant Program Is Open for 15
Days

AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).

ACTION: Period of public comment for the FAA Aviation Maintenance
Technical Workers Workforce Development Grant Program is open for 15
days.

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SUMMARY: The FAA announces a Period of Public Comment for the Aviation
Maintenance Technical Workers Workforce Development Grant Program and
previews a forthcoming notice of funding opportunity.

DATES: Written comments should be submitted by September 23, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).

SUPPLEMENTARY INFORMATION: Assistance Listing Number: 20.112,
www.beta.sam.gov.

    Note: This is not a request for proposals or offers.

Background

    On October 5, 2018, the President signed the FAA Reauthorization
Act of 2018 (the Act) (Pub. L. 115-254). Section 625 of the Act
addresses the projected shortage of aviation maintenance technical
workers in the aviation industry by directing the establishment of an
Aviation Maintenance Technical Workers Workforce Development Grant
Program. Congress authorized the program through the end of Fiscal Year
2023.

Authorizing Legislation

    FAA Reauthorization Act of 2018 (Pub. L. 115-254, Section 625).

Funding

    Congress appropriated $5,000,000 of funding for the program in
Fiscal Year 2020 budget and capped each approved project to be not more
than $500,000 for any one grant in any one fiscal year.

Types of Projects

    The types of projects supported under the new Aviation Maintenance
Technical Workers Workforce Development Grant Program are those that:
    (a) Establish new educational programs that teach technical skills
used in aviation maintenance, including purchasing equipment, or
improve existing such programs;
    (b) enhance aviation maintenance technical education or the
aviation maintenance industry workforce;
    (c) establish scholarships or apprenticeships for individuals
pursuing employment in the aviation maintenance industry;
    (d) support outreach about careers in the aviation maintenance
industry to primary, secondary, and post-secondary school students or
to communities under-represented in the industry;
    (e) support transition to careers in aviation maintenance,
including for members of the Armed Forces; or
    (f) support educational opportunities related to aviation
maintenance in economically disadvantaged geographic areas.

Eligible Applicants

    Section 625 of the Act identifies the following types of entities
as eligible to apply for the Aviation Maintenance Technical Workers
Workforce Development Grants:
    (a) Holders of a certificate issued under 14 CFR parts 21, 121,
135, or 145, or labor organizations representing aviation maintenance
workers;
    (b) accredited institutions of higher education (as defined in 20
U.S.C. 1001), or high schools or secondary schools (as defined in 20
U.S.C. 7801); or
    (c) state or local governmental entities.

Notice of Funding Opportunity (NOFO) Information

Targeted Release Date

    The FAA anticipates releasing an initial Notice of Funding
Opportunity (NOFO) on www.grants.gov on or about November 13, 2020. The
FAA envisions thereafter releasing NOFOs each year for which funding
has been appropriated. The FAA anticipates all NOFOs will remain open
for 60 days.

Notice of Intent To Apply

    NOFOs may ask for applicants to email the FAA with their Intent to
Apply for a grant within ten days of NOFO release. Submission of Intent
to Apply will not be mandatory.

Unexpended Funds

    If all funds are not expended in an award cycle for each fiscal
year, the FAA may make additional awards from a previous pool of
applications.

Grants.Gov

    The FAA will release NOFOs on www.grants.gov and intends to accept
only electronic applications. Potential applicants are encouraged to
create accounts on www.grants.gov and can review samples of forms by
following this link: https://www.grants.gov/web/grants/forms/sf-424-family.html.

Application Package

    Application packages will be accepted electronically on
www.grants.gov up to 11:59 p.m. prevailing Eastern Time of the closing
date. Late submissions will not be accepted or reviewed. The
application package may consist of completed standard government
Financial Assistance Application forms such as those listed below:

 Application for Federal Assistance (SF 424)
 Budget Information for Non-Construction Programs (SF-424A)
 Assurances for Non-Construction Programs (SF-424B--Mandatory)
 SF-425 Federal Financial Report 4040-0014 and SF-425A Federal
Financial Report Attachment
 Disclosure of Lobbying Activities and Certification (SF-LLL)

 Project/Performance Site Location(s), Key Contacts, and
Project Abstract
 Project Abstract Summary
 ACH Vendor Payment Enrollment (SF-3881)

Proof of Eligibility

    Applicants will be required to upload proof of eligibility to apply
for the grants such as copies of accreditations and certifications. The
FAA reserves the right to validate proof of eligibility.

Award Floor and Ceiling

    The FAA may issue awards of between $25,000 and not more than
$500,000 (the ceiling established in the Act) for any one grant in any
one fiscal year.

Number of Awards

    This grant program is competitive. The FAA reserves the right to
make grant awards depending on the quantity and quality of proposals
received in response to the NOFO. The expectation is to fund a minimum
of 10 proposals.

Period of Performance

    The FAA anticipates that the period of performance of each grant
will be 12 to 18 months from the effective date of the grant award.

Funding Restrictions

     The FAA will not reimburse pre-award costs or application
preparation costs under the proposed award.
     The FAA will not reimburse for facility construction or
research activities.
     The FAA may cap the use of the grant funds for Indirect
and Administrative Costs to 5% of the total award.

Matching Requirements

    The FAA Aviation Workforce Development Grant Programs enabling
legislation does not require matching contributions in this program.

Partnerships

    Individual entities, teams, and new providers are eligible to apply
for a grant. The FAA encourages applicants to partner with others as
appropriate to: satisfy Congressional intent and meet the requirements
of this selection criteria; reach and include students and educators in
various geographic and economic areas; and to help the applicant
provide additional opportunities, assistance, and resources to ensure
success and sustainability.

Application Review Information

    FAA Subject Matter Experts will serve on teams to provide a
Technical, and a Management and Fiscal Evaluation. The Technical
Evaluation Team will review applications and rank proposals based upon
merit criteria similar to the examples below. The Management and Fiscal
Reviewers will review financial aspects of the proposal including the
budget and supporting narrative, plans to administer and oversee
activities, assessment processes and tools. Incorrect, missing
documents/items, or incomplete applications will be grounds for
rejecting the application. Applications should address each criterion.
Late submissions will not be considered.

Examples of Potential Merit Criteria

Criterion 1

    The extent to which the applicant can encourage, increase interest,
recruit students, and deliver programs to a diverse population
including those in economically disadvantaged geographic areas and
those under-represented in the aviation maintenance field. The
applicant should demonstrate the following:
     Outreach and recruitment efforts to encourage aviation
maintenance careers for students in primary, secondary and/or post-
secondary schools, or in communities under- represented in the
industry, and facilitate the transition to careers in aviation
maintenance to include members of the Armed Forces.
     The role of individuals, entities or organizations
participating in the proposed activities; provide letters of commitment
by each participant.
     The extent to which the applicant is prepared to create,
adapt, or improve programs designed to generate and increase interest
in aviation maintenance careers. Provide activities participants will
undertake to prepare for and transition into aviation maintenance
careers.
     An ability to provide education and training activities to
enhance career awareness and understanding of the aviation maintenance
industry. Include vocational and other programs presented in the past
through various methods. Include the size and scope of the program
anticipated.
     Plans to improve existing or establish new educational
programs that teach appropriate technical skills and describe how the
activities will serve to enhance and prepare the future aviation
maintenance workforce. Include potential scholarship and/or
apprenticeship opportunities to attract those who may pursue employment
in the aviation maintenance industry.

Criterion 2

    Resources available to the applicant to carry out this project. The
applicant should demonstrate the following:
     Ability to provide the necessary resources and facilities
and carry out activities to support the program overall.
     Plans to provide maintenance career preparation and
related activities using multiple methods.
     Other resources.

Criterion 3

    Ability to design and disseminate program information. Include a
plan to provide aviation maintenance workforce development programs to
a diverse population including those in economically disadvantaged
geographic areas and those under-represented in the aviation
maintenance field, with a continuing education component. Include a
plan to attract potential participants transitioning into the field.
The applicant should demonstrate the following:
     Ability to conduct courses, seminars, workshops,
vocational or other activities related to aviation maintenance careers.
     Facilities, equipment, and resources available to provide
for: student recruitment; academic and career counseling and mentoring;
and general information dissemination activities.
     Outreach plans to include students in primary, secondary,
and post-secondary schools or communities under-represented in the
industry and those transition from the Armed Forces.

Criterion 4

    Ability to effectively administer the proposed activities. The FAA
is interested in a disciplined administrative and strategic project
plan. Include an approach to efficiently control administrative
expenses while effectively allocating resources between projects
designed to optimize career awareness and prepare students to enter
aviation maintenance careers. The applicant should demonstrate the
following:
     Provide a plan describing how the applicant will organize
and oversee individual activities and manage the various tasks.
     Describe how the applicant will evaluate activities and
meet, develop, adapt or expand performance goals.
     Indicate the entity prepared to serve as the lead for
administrative purposes and describe the responsibilities to be
undertaken, should a team propose.
     Provide a proposed budget including necessary equipment to
be

purchased to achieve program goals with a supporting narrative.

Industry Consultation

    Prior to selecting among competing applications, the Secretary
shall consult with representatives from aircraft repair stations,
design and production approval holders, air carriers, labor
organizations, business aviation, general aviation, educational
institutions, and other relevant aviation sectors. Therefore, the FAA
is assuming this responsibility by providing stakeholders and the
public an opportunity to review this preliminary plan to establish the
Aviation Workforce Development Grant Programs.

Financial Review

    The FAA will perform an assessment of risk posed by the applicant
prior to issuing awards. The assessment includes evaluating previous
Federal grant experiences, financial stability, and potential for
conflicts of interest. The applicant will be asked to submit a copy of
its most recent Cognizant Auditing Agency Report and remedies to all
findings. Any potential applicants with previous disbarments or
suspensions will be disqualified.

Unique Identifier or System of Award

    The applicant is required to: (i) Be registered in www.SAM.gov
before submitting its application; (ii) provide a valid unique entity
identifier in its application; and (iii) continue to maintain an active
SAM registration with current information at all times during which it
has an active Federal award or an application or plan under
consideration by a Federal awarding agency.
    The Federal awarding agency may not make a Federal award to an
applicant until the applicant has complied with all applicable unique
identifier and SAM requirements. If an applicant has not fully complied
with the requirements by the time of the Federal awarding agency is
ready to make a Federal award, the Federal awarding agency may
determine that the applicant is not sufficiently prepared or is not
qualified to receive a Federal award.

Degree of Federal Involvement

    The FAA may conduct site visits of applicant institutions and
facilities to observe curriculum delivery, and review relevant
materials including books, records, activity plans, relevant documents,
accounting procedures, processes, and related activities and resources.
The FAA will require semi-annual progress reports and final reports.

Federal Assistance Program Law

    The FAA will adhere to all Guidelines for Federal Assistance
Programs outlined in the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. To review the 2
CFR 200, please visit: https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

    Note:  This is not a request for proposals or offers.

FOR FURTHER INFORMATION: Please visit our website at: www.faa.gov/go/awd or https://www.faa.gov/about/office_org/headquarters_offices/ang/grants/awd/.

    Issued in Washington DC, on September 2, 2020.
Patricia A Watts,
Grants Officer, Aviation Workforce Development Grant Programs, NextGen
Grants Management Branch (ANG-A19).
[FR Doc. 2020-19812 Filed 9-4-20; 8:45 am]
BILLING CODE 4910-13-P


Health effects of ozone exposure from an increase of about
                                                  400,000 short tons of methane from 2021 through 2030.
                                                  Visibility impairment.
                                                  Vegetation effects.
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Note: Estimates may not sum due to independent rounding.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory
action. Details on the estimated cost savings of this final rule can be
found in the EPA's analysis of the potential costs and benefits
associated with this action.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this final rule have been
submitted for approval to OMB under the PRA. The ICR document that the
EPA prepared has been assigned EPA ICR number 2604.02 and OMB Control
Number 2060-0729. The information collection requirements are not
enforceable until OMB approves them.
    A summary of the information collection activities previously
submitted to the OMB for the final action titled ``Standards of
Performance for Crude Oil and Natural Gas Facilities for Construction,
Modification, or Reconstruction'' (2016 Rule) under the PRA, and
assigned OMB Control Number 2060-0721 (EPA ICR number 2523.02), can be
found at 81 FR 35890. You can find a copy of the ICR in the 2016 Rule
Docket (Docket ID Item No. EPA-HQ-OAR-2010-0505-7626). In this rule,
the EPA is finalizing the information collection activities as a result
of the EPA's review under Executive Order 13783 (EPA ICR number
2604.02). These final changes (2020 NSPS Subpart OOOOa Executive Order
13783 Review Final) would remove reporting and recordkeeping
requirements associated with the rescinded requirements.\88\
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    \88\ In a separate action, the EPA is finalizing technical
reconsideration amendments to NSPS subpart OOOOa (EPA-HQ-OAR-2017-
0483; FRL-10013-60-OAR; FR Doc. 2020-18115). These technical
amendments where proposed in October 2018. 83 FR 52056. The
information collection burden for the combination of these NSPS
subpart OOOOa Reconsideration final amendments and the Policy Review
final amendments is addressed in a separate ICR (OMB Control Number
2060-0721; EPA ICR number 2523.04).
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    Comments were received on the October 15, 2018 (83 FR 52056)
proposed rule indicating that the recordkeeping and reporting burden
for the 2016 Rule was significantly underestimated. In particular, the
commenters pointed to the estimated burden associated with the fugitive
emissions requirements. As a result of these comments, the EPA
reexamined the analysis for the 2016 Rule recordkeeping and reporting
burden and made adjustments where warranted. This resulted in an
updated and more accurate assessment of the recordkeeping and reporting
burden for the 2016 Rule. The updated 2016 Rule recordkeeping and
reporting burden was estimated at a 3-year annual average of 689,154
hours and $110,336,343 (2016$) over the 3-year period. These figures
represent the ``baseline'' from which changes made in these final
amendments (2020 NSPS Subpart OOOOa Executive Order 13783 Review Final)
can be compared. Burden associated with this rule (2020 Rule E.O. 13783
Review Final):
    Respondents/affected entities: Oil and natural gas operators and
owners.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 519.

    Frequency of response: Varies depending on affected facility.\89\
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    \89\ The specific frequency for each information collection
activity within this request is shown in Tables 1a through 1d of the
Supporting Statement in the public docket.
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    Total estimated burden: 680,841 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $108,723,359 (2016$), which includes no
capital or O&M costs.
    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 OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. This is a deregulatory action, and the
burden on all entities affected by this final rule, including small
entities, is the same or reduced compared to the 2016 Rule. See the
discussion in section XI of this preamble and the RIA for details. The
EPA has, therefore, concluded that this action will have no net
increase regulatory burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, 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, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
    Consistent with the EPA Policy on Consultation and Coordination
with Indian Tribes, on September 10, 2019, the EPA sent a letter to all
tribal governments inviting consultation. Additionally, on August 29,
2019, and September 18, 2019, the EPA provided an overview of the
proposed rule to the National Tribal Air Association. The EPA did not
receive any requests for consultation.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866. The
2016 Rule, as discussed in the RIA,\90\ was anticipated to reduce
emissions of methane, VOC, and HAP, and some of the benefits of
reducing these pollutants would have accrued to children. The final
rule is expected to decrease the impact of the emissions reductions
estimated from the 2016 Rule on these benefits, as discussed in the
RIA.
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    \90\ See Final RIA in the public docket for this rulemaking.
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    The final action does not affect the level of public health and
environmental protection already being provided by existing NAAQS and
other mechanisms in the CAA. This final action does not affect
applicable local, state, or Federal permitting or air quality
management programs that will continue to address areas with degraded
air quality and maintain the air quality in areas meeting current
standards. Areas that need to reduce criteria air pollution to meet the
NAAQS will still need to rely on control strategies to reduce
emissions. The EPA does not believe the decrease in emission reductions
projected by the final rule will have a disproportionate adverse effect
on children's health.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. In the RIA accompanying the 2016 Rule,
the EPA used the NEMS to estimate the impacts of the 2016 Rule on the
United States energy system. The EPA estimated small impacts of that
rule over the 2020 to 2025 period relative to the baseline for that
rule. This final rule is estimated to result in a decrease in total
compliance costs, with the reduction in costs affecting a subset of the
affected entities under NSPS subpart OOOOa. Therefore, the EPA expects
that this deregulatory action will reduce the impacts estimated for the
final NSPS in the 2016 RIA and, as such, is not a significant energy
action.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this final action is unlikely to have
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations, and/or
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629,
February 16, 1994). The 2016 Rule was anticipated to reduce emissions
of methane, VOC, and HAP, and some of the benefits of reducing these
pollutants would have accrued to minority populations, low-income
populations, and/or indigenous peoples. The final rule is expected to
decrease the impact of the emission reductions estimated from the 2016
Rule on these benefits. These communities may experience forgone
benefits as a result of this action, as discussed in the RIA.
    This final action does not affect the level of public health and
environmental protection already being provided by existing NAAQS and
other mechanisms in the CAA. This final action does not affect
applicable local, state, or Federal permitting or air quality
management programs that will continue to address areas with degraded
air quality and maintain the air quality in areas meeting current
standards. Areas that need to reduce criteria air pollution to meet the
NAAQS will still

need to rely on control strategies to reduce emissions.
    The EPA believes that this final action is unlikely to have
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations, and/or
indigenous peoples. The EPA notes that the potential impacts of the
final rule are not expected to be experienced uniformly, and the
distribution of avoided compliance costs associated with this action
depends on the degree to which costs would have been passed through to
consumers.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.

Andrew Wheeler,
Administrator.
    For the reasons set forth in the preamble, the EPA amends 40 CFR
part 60 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

0
2. Revise the heading of subpart OOOO to read as follows:

Subpart OOOO--Standards of Performance for Crude Oil and Natural
Gas Facilities for Which Construction, Modification, or
Reconstruction Commenced After August 23, 2011, and on or Before
September 18, 2015

0
3. Section 60.5360 is amended to read as follows:

Sec.  60.5360   What is the purpose of this subpart?

    This subpart establishes emission standards and compliance
schedules for the control of volatile organic compounds (VOC) and
sulfur dioxide (SO2) emissions from affected facilities in
the crude oil and natural gas production source category that commence
construction, modification, or reconstruction after August 23, 2011,
and on or before September 18, 2015.

0
4. Section 60.5365 is amended by revising the introductory text and
paragraphs (b), (c), and (d)(1), removing and reserving paragraph
(d)(2), and revising paragraph (e) introductory text to read as
follows:

Sec.  60.5365   Am I subject to this subpart?

    You are subject to the applicable provisions of this subpart if you
are the owner or operator of one or more of the onshore affected
facilities listed in paragraphs (a) through (g) of this section that is
located within the Crude Oil and Natural Gas Production source
category, as defined in Sec.  60.5430 for which you commence
construction, modification, or reconstruction after August 23, 2011,
and on or before September 18, 2015.
* * * * *
    (b) Each centrifugal compressor affected facility, which is a
single centrifugal compressor using wet seals. A centrifugal compressor
located at a well site, or an adjacent well site and servicing more
than one well site, is not an affected facility under this subpart.
    (c) Each reciprocating compressor affected facility, which is a
single reciprocating compressor. A reciprocating compressor located at
a well site, or an adjacent well site and servicing more than one well
site, is not an affected facility under this subpart.
    (d)(1) For the oil and natural gas production segment, each
pneumatic controller affected facility, which is a single continuous
bleed natural gas-driven pneumatic controller operating at a natural
gas bleed rate greater than 6 standard cubic feet per hour.
* * * * *
    (e) Each storage vessel affected facility, which is a single
storage vessel, and has the potential for VOC emissions equal to or
greater than 6 tons per year (tpy) as determined according to this
section by October 15, 2013, for Group 1 storage vessels and by April
15, 2014, or 30 days after startup (whichever is later) for Group 2
storage vessels, except as provided in paragraphs (e)(1) through (4) of
this section. The potential for VOC emissions must be calculated using
a generally accepted model or calculation methodology, based on the
maximum average daily throughput determined for a 30-day period of
production prior to the applicable emission determination deadline
specified in this section. The determination may take into account
requirements under a legally and practically enforceable limit in an
operating permit or other requirement established under a Federal,
State, local or tribal authority.
* * * * *

0
5. Section 60.5420 is amended by revising paragraph (c)(5)(iv) to read
as follows:

Sec.  60.5420   What are my notification, reporting, and recordkeeping
requirements?

* * * * *
    (c) * * *
    (5) * * *
    (iv) For storage vessels that are skid-mounted or permanently
attached to something that is mobile (such as trucks, railcars, barges,
or ships), records indicating the number of consecutive days that the
vessel is located at the site. If a storage vessel is removed from the
site and, within 30 days, is either returned to or replaced by another
storage vessel at the site to serve the same or similar function, then
the entire period since the original storage vessel was first located
at the site, including the days when the storage vessel was removed,
will be added to the count towards the number of consecutive days.
* * * * *

0
6. Section 60.5430 is amended by:
0
a. Adding the definition for Crude Oil and Natural Gas Production
source category in alphabetical order.
0
b. Revising the definition of Custody transfer.
0
c. Adding the definitions for Local distribution company (LDC) custody
transfer station and Natural gas transmission and storage segment in
alphabetical order.
    The additions and revision read as follows:

Sec.  60.5430  What definitions apply to this subpart?

* * * * *
    Crude Oil and Natural Gas Production source category means:
    (1) Crude oil production, which includes the well and extends to
the point of custody transfer to the crude oil transmission pipeline or
any other forms of transportation; and
    (2) Natural gas production and processing, which includes the well
and extends to, but does not include, the point of custody transfer to
the natural gas transmission and storage segment.
    Custody transfer means the transfer of crude oil or natural gas
after processing and/or treatment in the producing operations, or from
storage vessels or automatic transfer facilities or other such
equipment, including product loading racks, to pipelines or any other
forms of transportation.
* * * * *
    Local distribution company (LDC) custody transfer station means a
metering station where the LDC receives

a natural gas supply from an upstream supplier, which may be an
interstate transmission pipeline or a local natural gas producer, for
delivery to customers through the LDC's intrastate transmission or
distribution lines.
* * * * *
    Natural gas transmission and storage segment means the transport or
storage of natural gas prior to delivery to a ``local distribution
company custody transfer station'' (as defined in this section) or to a
final end user (if there is no local distribution company custody
transfer station). For the purposes of this subpart, natural gas enters
the natural gas transmission and storage segment after the natural gas
processing plant, when present. If no natural gas processing plant is
present, natural gas enters the natural gas transmission and storage
segment after the point of ``custody transfer'' (as defined in this
section). A compressor station that transports natural gas prior to the
point of ``custody transfer'' or to a natural gas processing plant (if
present) is not considered a part of the natural gas transmission and
storage segment.
* * * * *

Subpart OOOOa--Standards of Performance for Crude Oil and Natural
Gas Facilities for Which Construction, Modification, or
Reconstruction Commenced After September 18, 2015

0
7. Section 60.5360a is revised to read as follows:

Sec.  60.5360a  What is the purpose of this subpart?

    (a) This subpart establishes emission standards and compliance
schedules for the control of volatile organic compounds (VOC) and
sulfur dioxide (SO2) emissions from affected facilities in
the Crude Oil and Natural Gas Production source category that commence
construction, modification, or reconstruction after September 18, 2015.
The effective date of the rule in this subpart is August 2, 2016.
    (b) [Reserved]

0
8. Section 60.5365a is amended by revising the introductory text to
read as follows:

Sec.  60.5365a  Am I subject to this subpart?

    You are subject to the applicable provisions of this subpart if you
are the owner or operator of one or more of the onshore affected
facilities listed in paragraphs (a) through (j) of this section, that
is located within the Crude Oil and Natural Gas Production source
category, as defined in Sec.  60.5430a, for which you commence
construction, modification, or reconstruction after September 18, 2015.
* * * * *

0
9. Section 60.5375a is amended by revising the section heading and
introductory text to read as follows:

Sec.  60.5375a  What VOC standards apply to well affected facilities?

    If you are the owner or operator of a well affected facility as
described in Sec.  60.5365a(a) that also meets the criteria for a well
affected facility in Sec.  60.5365(a) (in subpart OOOO of this part),
you must reduce VOC emissions by complying with paragraphs (a) through
(g) of this section. If you own or operate a well affected facility as
described in Sec.  60.5365a(a) that does not meet the criteria for a
well affected facility in Sec.  60.5365(a) (in subpart OOOO of this
part), you must reduce VOC emissions by complying with paragraphs
(f)(3) and (4) or paragraph (g) of this section for each well
completion operation with hydraulic fracturing prior to November 30,
2016, and you must comply with paragraphs (a) through (g) of this
section for each well completion operation with hydraulic fracturing on
or after November 30, 2016.
* * * * *

0
10. Section 60.5380a is amended by revising the section heading,
introductory text, and paragraph (a)(1) to read as follows:

Sec.  60.5380a  What VOC standards apply to centrifugal compressor
affected facilities?

    You must comply with the VOC standards in paragraphs (a) through
(d) of this section for each centrifugal compressor affected facility.
    (a)(1) You must reduce VOC emissions from each centrifugal
compressor wet seal fluid degassing system by 95.0 percent.
* * * * *

0
11. Section 60.5385a is amended by revising the section heading,
introductory text, and paragraph (a)(3) to read as follows:

Sec.  60.5385a  What VOC standards apply to reciprocating compressor
affected facilities?

    You must reduce VOC emissions by complying with the standards in
paragraphs (a) through (d) of this section for each reciprocating
compressor affected facility.
    (a) * * *
    (3) Collect the VOC emissions from the rod packing using a rod
packing emissions collection system that operates under negative
pressure and route the rod packing emissions to a process through a
closed vent system that meets the requirements of Sec.  60.5411a(a) and
(d).
* * * * *

0
12. Section 60.5390a is amended by revising the section heading and
introductory text to read as follows:

Sec.  60.5390a  What VOC standards apply to pneumatic controller
affected facilities?

    For each pneumatic controller affected facility you must comply
with the VOC standards, based on natural gas as a surrogate for VOC, in
either paragraph (b)(1) or (c)(1) of this section, as applicable.
Pneumatic controllers meeting the conditions in paragraph (a) of this
section are exempt from the requirements in paragraph (b)(1) or (c)(1)
of this section.
* * * * *

0
13. Section 60.5393a is amended by revising the section heading and
introductory text to read as follows:

Sec.  60.5393a  What VOC standards apply to pneumatic pump affected
facilities?

    For each pneumatic pump affected facility you must comply with the
VOC standards, based on natural gas as a surrogate for VOC, in either
paragraph (a) or (b) of this section, as applicable, on or after
November 30, 2016.
* * * * *

0
14. Section 60.5397a is amended by revising the section heading and
introductory text to read as follows:

Sec.  60.5397a  What fugitive emissions VOC standards apply to the
affected facility which is the collection of fugitive emissions
components at a well site and the affected facility which is the
collection of fugitive emissions components at a compressor station?

    For each affected facility under Sec.  60.5365a(i) and (j), you
must reduce VOC emissions by complying with the requirements of
paragraphs (a) through (j) of this section. The requirements in this
section are independent of the closed vent system and cover
requirements in Sec.  60.5411a.
* * * * *

0
15. Section 60.5398a is amended by revising the section heading and
paragraphs (a) and (d)(1)(xi) to read as follows:

Sec.  60.5398a  What are the alternative means of emission limitations
for VOC from well completions, reciprocating compressors, the
collection of fugitive emissions components at a well site and the
collection of fugitive emissions components at a compressor station?

    (a) If, in the Administrator's judgment, an alternative means of
emission limitation will achieve a

reduction in VOC emissions at least equivalent to the reduction in VOC
emissions achieved under Sec. Sec.  60.5375a, 60.5385a, and 60.5397a,
the Administrator will publish, in the Federal Register, a notice
permitting the use of that alternative means for the purpose of
compliance with Sec. Sec.  60.5375a, 60.5385a, and 60.5397a. The notice
may condition permission on requirements related to the operation and
maintenance of the alternative means.
* * * * *
    (d) * * *
    (1) * * *
    (xi) Operation and maintenance procedures and other provisions
necessary to ensure reduction in VOC emissions at least equivalent to
the reduction in VOC emissions achieved under Sec.  60.5397a.
* * * * *

0
16. Section 60.5400a is amended by revising the section heading and
paragraph (c) to read as follows:

Sec.  60.5400a  What equipment leak VOC standards apply to affected
facilities at an onshore natural gas processing plant?

* * * * *
    (c) You may apply to the Administrator for permission to use an
alternative means of emission limitation that achieves a reduction in
emissions of VOC at least equivalent to that achieved by the controls
required in this subpart according to the requirements of Sec.
60.5402a.
* * * * *

0
17. Section 60.5401a is amended by revising the section heading to read
as follows:

Sec.  60.5401a  What are the exceptions to the equipment leak VOC
standards for affected facilities at onshore natural gas processing
plants?

* * * * *

0
18. Section 60.5402a is amended by revising the section heading and
paragraphs (a) and (d)(2) introductory text to read as follows:

Sec.  60.5402a  What are the alternative means of emission limitations
for VOC equipment leaks from onshore natural gas processing plants?

    (a) If, in the Administrator's judgment, an alternative means of
emission limitation will achieve a reduction in VOC emissions at least
equivalent to the reduction in VOC emissions achieved under any design,
equipment, work practice or operational standard, the Administrator
will publish, in the Federal Register, a notice permitting the use of
that alternative means for the purpose of compliance with that
standard. The notice may condition permission on requirements related
to the operation and maintenance of the alternative means.
* * * * *
    (d) * * *
    (2) The application must include operation, maintenance, and other
provisions necessary to assure reduction in VOC emissions at least
equivalent to the reduction in VOC emissions achieved under the design,
equipment, work practice or operational standard in paragraph (a) of
this section by including the information specified in paragraphs
(d)(2)(i) through (x) of this section.
* * * * *

0
19. Section 60.5410a is amended by revising paragraphs (a) introductory
text, (b)(1), (d) introductory text, and (f) to read as follows:

Sec.  60.5410a  How do I demonstrate initial compliance with the
standards for my well, centrifugal compressor, reciprocating
compressor, pneumatic controller, pneumatic pump, storage vessel,
collection of fugitive emissions components at a well site, collection
of fugitive emissions components at a compressor station, and equipment
leaks and sweetening unit affected facilities at onshore natural gas
processing plants?

* * * * *
    (a) To achieve initial compliance with the VOC standards for each
well completion operation conducted at your well affected facility you
must comply with paragraphs (a)(1) through (4) of this section.
* * * * *
    (b)(1) To achieve initial compliance with standards for your
centrifugal compressor affected facility you must reduce VOC emissions
from each centrifugal compressor wet seal fluid degassing system by
95.0 percent or greater as required by Sec.  60.5380a(a) and as
demonstrated by the requirements of Sec.  60.5413a.
* * * * *
    (d) To achieve initial compliance with VOC emission standards for
your pneumatic controller affected facility you must comply with the
requirements specified in paragraphs (d)(1) through (6) of this
section, as applicable.
* * * * *
    (f) For affected facilities at onshore natural gas processing
plants, initial compliance with the VOC standards is demonstrated if
you are in compliance with the requirements of Sec.  60.5400a.
* * * * *

0
20. Section 60.5412a is amended by paragraphs (a)(1)(i) and (a)(2) to
read as follows:

Sec.  60.5412a  What additional requirements must I meet for
determining initial compliance with control devices used to comply with
the emission standards for my centrifugal compressor, and storage
vessel affected facilities?

* * * * *
    (a) * * *
    (1) * * *
    (i) You must reduce the mass content of VOC in the gases vented to
the device by 95.0 percent by weight or greater as determined in
accordance with the requirements of Sec.  60.5413a(b), with the
exceptions noted in Sec.  60.5413a(a).
* * * * *
    (2) Each vapor recovery device (e.g., carbon adsorption system or
condenser) or other non-destructive control device must be designed and
operated to reduce the mass content of VOC in the gases vented to the
device by 95.0 percent by weight or greater as determined in accordance
with the requirements of Sec.  60.5413a(b). As an alternative to the
performance testing requirements in Sec.  60.5413a(b), you may
demonstrate initial compliance by conducting a design analysis for
vapor recovery devices according to the requirements of Sec.
60.5413a(c).
* * * * *

0
21. Section 60.5413a is amended by revising paragraph (d)(11)(iii) to
read as follows:

Sec.  60.5413a  What are the performance testing procedures for control
devices used to demonstrate compliance at my centrifugal compressor and
storage vessel affected facilities?

* * * * *
    (d) * * *
    (11) * * *
    (iii) A manufacturer must demonstrate a destruction efficiency of
at least 95 percent for THC, as propane. A control device model that
demonstrates a destruction efficiency of 95 percent for THC, as
propane, will meet the control requirement for 95-percent destruction
of VOC (if applicable) required under this subpart.
* * * * *

0
22. Section 60.5415a is amended by revising paragraphs (b)(1) and (f)
to read as follows:

Sec.  60.5415a  How do I demonstrate continuous compliance with the
standards for my well, centrifugal compressor, reciprocating
compressor, pneumatic controller, pneumatic pump, storage vessel,
collection of fugitive emissions components at a well site, and
collection of fugitive emissions components at a compressor station
affected facilities, and affected facilities at onshore natural gas
processing plants?

* * * * *

    (b) * * *
    (1) You must reduce VOC emissions from the wet seal fluid degassing
system by 95.0 percent or greater.
* * * * *
    (f) For affected facilities at onshore natural gas processing
plants, continuous compliance with VOC requirements is demonstrated if
you are in compliance with the requirements of Sec.  60.5400a.
* * * * *

0
23. Section 60.5420a is amended by revising paragraph (c)(5)(iv) to
read as follows:

Sec.  60.5420a  What are my notification, reporting, and recordkeeping
requirements?

* * * * *
    (c) * * *
    (5) * * *
    (iv) For storage vessels that are skid-mounted or permanently
attached to something that is mobile (such as trucks, railcars, barges,
or ships), records indicating the number of consecutive days that the
vessel is located at a site in the Crude Oil and Natural Gas source
category. If a storage vessel is removed from a site and, within 30
days, is either returned to the site or replaced by another storage
vessel at the site to serve the same or similar function, then the
entire period since the original storage vessel was first located at
the site, including the days when the storage vessel was removed, will
be added to the count towards the number of consecutive days.
* * * * *

0
24. Section 60.5421a is amended by revising the section heading to read
as follows:

Sec.  60.5421a  What are my additional recordkeeping requirements for
my affected facility subject to VOC requirements for onshore natural
gas processing plants?

* * * * *

0
25. Section 60.5422a is amended by revising the section heading to read
as follows:

Sec.  60.5422a  What are my additional reporting requirements for my
affected facility subject to VOC requirements for onshore natural gas
processing plants?

* * * * *

0
26. Section 60.5430a is amended by:
0
a. Revising the definition for Compressor station.
0
b. Removing the definition for Crude oil and natural gas source
category.
0
c. Adding the definition for Crude Oil and Natural Gas Production
source category in alphabetical order.
0
d. Revising the definitions for Equipment and Fugitive emissions
component.
0
e. Adding the definition for Natural gas transmission and storage
segment in alphabetical order.
    The revisions and additions read as follows:

Sec.  60.5430a  What definitions apply to this subpart?

* * * * *
    Compressor station means any permanent combination of one or more
compressors that move natural gas at increased pressure through
gathering pipelines. This includes, but is not limited to, gathering
and boosting stations. The combination of one or more compressors
located at a well site, or located at an onshore natural gas processing
plant, is not a compressor station for purposes of Sec.  60.5397a.
* * * * *
    Crude Oil and Natural Gas Production source category means:
    (1) Crude oil production, which includes the well and extends to
the point of custody transfer to the crude oil transmission pipeline or
any other forms of transportation; and
    (2) Natural gas production and processing, which includes the well
and extends to, but does not include, the point of custody transfer to
the natural gas transmission and storage segment.
* * * * *
    Equipment, as used in the standards and requirements in this
subpart relative to the equipment leaks of VOC from onshore natural gas
processing plants, means each pump, pressure relief device, open-ended
valve or line, valve, and flange or other connector that is in VOC
service or in wet gas service, and any device or system required by
those same standards and requirements in this subpart.
* * * * *
    Fugitive emissions component means any component that has the
potential to emit fugitive emissions of VOC at a well site or
compressor station, including valves, connectors, pressure relief
devices, open-ended lines, flanges, covers, and closed vent systems not
subject to Sec.  60.5411 or Sec.  60.5411a, thief hatches or other
openings on a controlled storage vessel not subject to Sec.  60.5395 or
Sec.  60.5395a, compressors, instruments, and meters. Devices that vent
as part of normal operations, such as natural gas-driven pneumatic
controllers or natural gas-driven pumps, are not fugitive emissions
components, insofar as the natural gas discharged from the device's
vent is not considered a fugitive emission. Emissions originating from
other than the device's vent, such as the thief hatch on a controlled
storage vessel, would be considered fugitive emissions.
* * * * *
    Natural gas transmission and storage segment means the transport or
storage of natural gas prior to delivery to a ``local distribution
company custody transfer station'' (as defined in this section) or to a
final end user (if there is no local distribution company custody
transfer station). For the purposes of this subpart, natural gas enters
the natural gas transmission and storage segment after the natural gas
processing plant, when present. If no natural gas processing plant is
present, natural gas enters the natural gas transmission and storage
segment after the point of ``custody transfer'' (as defined in this
section). A compressor station that transports natural gas prior to the
point of ``custody transfer'' or to a natural gas processing plant (if
present) is not considered a part of the natural gas transmission and
storage segment.
* * * * *
[FR Doc. 2020-18114 Filed 9-9-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 11, 2009 (Volume 74, Number 27)]
[Notices]
[Page 6936-6939]
[DOCID:fr11fe09-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59360; File No. SR-NYSEALTR-2009-06]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Alternext U.S. LLC
Amending NYSE Alternext Equities Rules 116 and 123C To Create a Single
Closing Print To Be Reported to the Consolidated Tape for Each Security

February 4, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 2, 2009, NYSE Alternext US LLC (the
``Exchange'' or ``NYSE Alternext'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the self-regulatory organization. NYSE Alternext filed the proposed
rule change pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule
19b-4(f)(6) thereunder,\5\ which renders it effective upon filing with
the Commission. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Alternext Equities Rules 116
(``Stop'' Constitutes Guarantee) and 123C (Market On The Close Policy
And Expiration Procedures) to create a single closing print to be
reported to the Consolidated Tape for each security.
    The text of the proposed rule change is available at http://
www.nyse.com, the Exchange, and the Commission's Public Reference Room.

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

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

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

1. Purpose
    Through this filing the Exchange seeks to amend NYSE Alternext
Equities Rules 116 and 123C to create a single closing print to be
reported to the Consolidated Tape for each security.
Background
    As described more fully in a related rule filing,\6\ NYSE Euronext
acquired The Amex Membership Corporation (``AMC'') pursuant to an
Agreement and Plan of Merger, dated January 17, 2008 (the ``Merger'').
In connection with the Merger, the Exchange's predecessor, the American
Stock Exchange LLC (``Amex''), a subsidiary of AMC, became a subsidiary
of NYSE Euronext called NYSE Alternext US LLC, and continues to operate
as a national securities exchange registered under Section 6 of the
Securities Exchange Act of 1934, as amended (the ``Act'').\7\ The
effective date of the Merger was October 1, 2008.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 58673 (September 29,
2008), 73 FR 57707 (October 3, 2008) (SR-NYSE-2008-60 and SR-Amex
2008-62) (approving the Merger).
    \7\ 15 U.S.C. 78f.
---------------------------------------------------------------------------

    In connection with the Merger, on December 1, 2008, the Exchange
relocated all equities trading conducted on the Exchange legacy trading
systems and facilities located at 86 Trinity Place, New York, New York
(the ``86 Trinity Trading Systems''), to trading systems and facilities
located at 11 Wall Street, New York, New York (the ``Equities
Relocation''). The Exchange's equity trading systems and facilities at
11 Wall Street (the ``NYSE Alternext Trading Systems'') are operated by
the NYSE on behalf of the Exchange.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex 2008-63) (approving
the Equities Relocation).

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

    In order to implement the Equities Relocation, the Exchange adopted
Rules 1-1004 of the New York Stock Exchange LLC as the NYSE Alternext
Equities Rules to govern the equities trading on the NYSE Alternext
Trading Systems.
Current Reporting of Closing Transactions
    NYSE Alternext Equities Rules 116.40 and 123C prescribe, inter
alia, the procedures for the execution of the entry of market at-the-
close (``MOC'') and limit at-the-close (``LOC'') orders \9\ and the
determination of the closing print(s) to be reported to the
Consolidated Tape for each security at the close of trading.
---------------------------------------------------------------------------

    \9\ In the NYSE Alternext Equities Rules and for the purposes of
this discussion, the terms ``market-on-close'' and ``limit-on-
close'' are used interchangeably with ``market-at-the-close'' and
``limit-at-the-close''.
---------------------------------------------------------------------------

    Pursuant to NYSE Alternext Equities Rule 123C market participants
may enter an MOC order to have that order executed as part of the
closing transaction at the price of the close.\10\ Similar to a market
order, an MOC order is to be executed in its entirety at the closing
price; however, if the order is not executed as a result of a trading
halt or because of its terms (e.g., buy minus or sell plus), the MOC
order is cancelled.\11\
---------------------------------------------------------------------------

    \10\ See NYSE Alternext Equities Rule 123C(1).
    \11\ See Id.
---------------------------------------------------------------------------

    Market participants that seek to have their orders executed on the
close but are sensitive to price may, pursuant to NYSE Alternext
Equities Rule 123C, enter LOC orders that will be eligible for
execution in the closing transaction, provided that the closing price
is at or within the limit specified.\12\ An LOC order is not guaranteed
an execution in the closing transaction; rather, only an LOC order with
a limit price that is better \13\ than the closing price in the subject
security is guaranteed an execution.\14\ An LOC order limited at the
closing price is sequenced with other LOC orders on the NYSE Alternext
Equities Display Book[supreg] \15\ (``Display Book'') in time priority
and will be available for execution after all other orders on the
Display Book at the closing price are executed regardless of when such
other orders are received.\16\
---------------------------------------------------------------------------

    \12\ See NYSE Alternext Equities Rule 123C(2).
    \13\ As used herein, better than the closing price means an
order that is lower than the bid in the case of an order to sell or
higher than the offer in the case of an order to buy.
    \14\ It should be noted that orders are cancelled if there is a
trading halt in the security that is not lifted prior to the close
of trading.
    \15\ The Display Book system is an order management and
execution facility. The Display Book system receives and displays
orders to the DMM, contains the Book, and provides a mechanism to
execute and report transactions and publish results to the
Consolidated Tape. The Display Book system is connected to a number
of other Exchange systems for the purposes of comparison,
surveillance, and reporting information to customers and other
market data and national market systems.
    \16\ See NYSE Alternext Equities Rules Rule [sic] 123C(2).
---------------------------------------------------------------------------

    Pursuant to NYSE Alternext Equities Rule 123C(5), at 3:40 p.m. if a
security has a disparity between MOC and marketable LOC interest to buy
and MOC and marketable LOC interest to sell of 50,000 shares or more
the assigned DMM is required to send a message from Display Book that
is published to the Consolidated Tape informing the investing public of
the disparity (``Mandatory Indication''). The Mandatory Indication
includes the symbol, the amount and the side of the imbalance. In
addition, to the Mandatory Indication, a DMM may, with Floor Official
approval, disseminate an imbalance publication that is for a disparity
of less than 50,000 shares when the imbalance in the security is
significant in relation to the average daily trading volume in the
security. At 3:50 p.m. the DMM is required to provide an update of the
previous imbalance publications.
    At the close of trading, any closing imbalance of MOC and
marketable LOC orders are calculated by netting (i.e., pairing off) the
aggregate amount of MOC and marketable LOC buy orders against the
aggregate amount of MOC and marketable LOC sell orders.\17\ Exchange
systems calculate the number of MOC and marketable LOC orders on each
side of the market and pair them off. Where there is an imbalance (i.e.
more orders to buy than sell or vice versa), the shares constituting
the imbalance are executed against the offer (in case of a buy
imbalance) or the bid (in the case of a sell imbalance).\18\ This
transaction is reflected on the first closing print from the NYSE to
the Consolidated Tape for the particular security.\19\ The DMM then
pairs off the remaining MOC and marketable LOC buy and sell orders
against each other at the price at which the imbalanced shares were
executed.\20\ This ``pair off'' transaction is reported as a second
closing print from the NYSE to the Consolidated Tape as ``stopped
stock.'' \21\
---------------------------------------------------------------------------

    \17\ See NYSE Alternext Equities Rules 116.40 and 123C(3).
    \18\ See NYSE Alternext Equities Rules 116.40(B) and 123C(3)(A).
    \19\ See Id.
    \20\ See NYSE Alternext Equities Rule 123C(3)(A).
    \21\ See NYSE Alternext Equities Rules 116.40(C) and 123C(3)(A).
---------------------------------------------------------------------------

    If there is no imbalance, the aggregate buy and sell MOC and
marketable LOC orders are paired off at the price of the last sale of
the subject security on the Exchange prior to the close of trading in
the security.\22\ This transaction is reported to the Consolidated Tape
in a single closing print as ``stopped stock.'' \23\
---------------------------------------------------------------------------

    \22\ See NYSE Alternext Equities Rules 116.40(C) and 123C(3)(B).
    \23\ See Id.
---------------------------------------------------------------------------

Proposed Single Closing Print
    The closing transaction on the Exchange continues to be a manual
auction in order to facilitate greater price discovery and allow for
the maximum interaction between market participants. Currently,
increased volatility in the market has given rise to the need to
simplify procedures. In order to continue to provide timely closing of
securities, the Exchange believes that it is necessary to reduce the
manual processing required of the DMM to promote an even more efficient
close. As such, the Exchange seeks to create a single closing print to
be reported to the Consolidated Tape for each security. The Exchange
believes that this will work to optimize the efficient operation of the
closing process.
    The Exchange therefore proposes to amend NYSE Alternext Equities
Rules 116 and 123C(3) to provide for a single closing print to be
reported to the Consolidated Tape system for each listed security.
Currently, the DMM is required to manually enter the imbalance and the
paired prints to Exchange systems for reporting to the Consolidated
Tape. Requiring two prints impedes DMMs' efficiency in reporting the
closing transaction.
    Multiple closing prints were used to provide information about the
share imbalances that impacted the closing price of a security on the
Exchange. NYSE Alternext Equities Rule 123C allows Exchange systems to
disseminate a data feed of real-time order imbalances that accumulate
prior to the close of trading on the Exchange (``Order Imbalance
Information''). Order Imbalance Information is supplemental information
disseminated by the Exchange prior to a closing transaction.\24\
Specifically, Order Imbalance Information is disseminated every fifteen
seconds between 3:40 p.m. and 3:50 p.m.; thereafter, it is disseminated
every five seconds between 3:50 p.m. and 4 p.m. On any day that the
scheduled close of trading on the Exchange is earlier than 4 p.m., the
dissemination of Order Imbalance Information commences 20 minutes

before the scheduled closing time. On those days, Order Imbalance
Information is disseminated every fifteen seconds for approximately 10
minutes; thereafter, the Order Imbalance Information is disseminated
ever [sic] five seconds until the scheduled closing time.
---------------------------------------------------------------------------

    \24\ See NYSE Alternext Equities Rule 123C(6).
---------------------------------------------------------------------------

    The Exchange believes that the Order Imbalance Information achieves
the goal of providing real-time detail and transparency for market
participants about the factors that impact the closing price of a
security. The Exchange further notes that the current imbalance
publications pursuant to NYSE Alternext Equities Rule 123C(5) will
continue to be disseminated in accordance with the provisions of the
rule. As such, the Exchange believes that there no longer exists a need
for the dissemination of two separate prints at the close.
    The Exchange therefore proposes that the imbalance, if any, paired
off closing transactions and stop orders elected for execution on the
close be reported to the Consolidated Tape System as a single
transaction and print. The Exchange proposes to amend the text of NYSE
Alternext Equities Rule 116.40(C) to remove language that states that
``pair off'' transactions should be printed to the Consolidated Tape as
stopped stock. Similarly, the Exchange proposes to amend NYSE Alternext
Equities Rule 123C(3) (Closing Prints) to state that the imbalance and
the pair off amounts shall be printed to the Consolidated Tape as a
single transaction.
    Pursuant to the above proposed changes, a single print close in a
security would occur as described in the example below:

    The DMM for stock XYZ has determined that the closing price in
the stock will be $30.25. The last sale price on the Exchange was
$30.00. The DMM has 6,000,000 shares of MOC and marketable LOC buy
orders up to a price of $30.25. On the sell side, there are
5,000,000 MOC and marketable LOC sell orders down to a price of
$30.24. The DMM pairs 5,000,000 shares of MOC and marketable LOC buy
orders against the 5,000,000 shares of MOC and marketable LOC sell
orders at a price of $30.25, leaving an imbalance of 1,000,000
shares on the buy side. On the Display Book, the DMM has 700,000
shares of limit sell orders at various prices marketable up to a
price of $30.25, and there is also Crowd interest of 300,000 shares
at that price. The DMM will use the 700,000 shares of limit sell
orders on the Display Book and 300,000 shares of Crowd interest to
offset the remaining 1,000,000 shares of MOC and marketable buy LOC
imbalance.

    In the above example, the DMM would continue to arrange the closing
transaction as set forth in NYSE Alternext Equities Rules 123C(3) and
116.40; however, rather than reporting two separate closing prints to
the Consolidated Tape, a single closing print reflecting the execution
of 6,000,000 shares at $30.25 would be reported. The 6,000,000 share
volume in the single print close includes: (1) the 1,000,000 share buy
order imbalance; and (2) the 5,000,000 shares of MOC and marketable LOC
buy and sell orders that were paired off.
    The Exchange believes that the consolidation of the separate
closing transactions and prints will reduce the amount of manual
information to be reported by the DMM thus increasing the speed and
efficiency of the closing process ultimately improving the quality of
the Exchange market with timelier reporting of closing transactions.
Proposed Technical Amendment to NYSE Alternext Equities Rule 123C(3)
    Percentage orders are not valid orders on the Exchange; however,
there remains an inadvertent reference to this legacy order type in
NYSE Alternext Equities Rule 123C(3). The Exchange therefore seeks to
correct this oversight by deleting that reference to percentage order
from the rule through this filing given that percentage orders are not
valid order types.
Proposed Changes to NYSE Alternext Rules
    The Exchange notes that parallel changes are proposed to be made to
the rules of the NYSE. These changes are described in SR-NYSE-2009-
10.\25\
---------------------------------------------------------------------------

    \25\ See SR-NYSE-2009-10 (filed January 30, 2009).
---------------------------------------------------------------------------

Operative Date
    The Exchange proposes that the amendments herein will be operative
as of February 6, 2009.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\26\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\27\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Exchange
believes the proposed rule change will facilitate the timely and
efficient closing of securities on the Exchange and thus ultimately
serve to protect investors and the public interest.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(b).
    \27\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms, does not become operative for 30 days after the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest,
the proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \28\ and Rule 19b-4(f)(6) thereunder.\29\
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing.\30\ However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requested that the Commission waive
the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii),\31\
and has proposed to make the rule change operative as of February 6,
2009.
---------------------------------------------------------------------------

    \30\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
    \31\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because doing so will enable the Exchange to immediately implement a
more efficient closing process, thereby providing for timelier
reporting of the

closing transaction. Additionally, the Commission notes that the
Exchange will continue to publish the Mandatory Indication when there
is a significant imbalance before the close, as required under Rule
123C(5). Accordingly, the Commission designates the proposed rule
change as operative as of February 6, 2009.\32\
---------------------------------------------------------------------------

    \32\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.\33\
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-NYSEALTR-2009-06 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-NYSEALTR-2009-06. 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 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 Number SR-NYSEALTR-2009-06 and should
be submitted on or before March 4, 2009.
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2856 Filed 2-10-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Rules and Regulations]
[Pages 12072-12074]
[FR Doc No: 2014-04735]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0004]
RIN 1625-AA00

Safety Zone; Havasu Triathlon; Lake Havasu, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the navigable waters of Lake Havasu and the London Bridge Channel for
the Havasu Triathlon. This temporary safety zone is necessary to
provide safety for the swimmers, crew, rescue personnel, and other
users of the waterway. Persons and vessels are prohibited from entering
into, transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port or his designated representative.

DATES: This rule is effective from 7:30 a.m. to 9:30 a.m. on March 22,
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0004]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 an NPRM would be impracticable.
Logistical details did not present the Coast Guard enough time to
draft, publish, and receive public comment on an NPRM. As such, the
event would occur before the rulemaking process was complete. Immediate
action is needed to help protect the safety of the participants, crew,
spectators, and participating vessels from other vessels during this
one day event.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast

Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. Any delay in
the effective date of this rule would be contrary to the public
interest, because immediate action is necessary to protect the safety
of the participates from the dangers associated with other vessels
transiting this area while the swim occurs.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The Havasu Triathlon will consist of
500 participants. The waterside swim course consists of 1500 meters in
Lake Havasu and the London Bridge Channel. The course requires a safety
zone while the swimmers are on the course, thus restricting vessel
traffic within the north London Bridge Channel and a small portion of
Lake Havasu for two hours. There will be four safety vessels provided
by the sponsor to enforce the safety zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 7:30 a.m. to 9:30 a.m. on 22 March, 2014. The limits of the safety
zone will include the portion of the London Bridge Channel north of the
London Bridge and all navigable waters of Lake Havasu encompassed by
the following coordinates;

34[deg]28'40'' N, 114[deg]21'43'' W, 34[deg]28'19'' N,
114[deg]21'42'' W, 34[deg]28'39'' N, 114[deg]21'19'' W,
34[deg]28'20'' N, 114[deg]20'49'' W, 34[deg]28'16'' N,
114[deg]20'54'' W

    The safety zone is necessary to provide for the safety of swimmers,
crew, rescue personnel, and other users of the waterway. Persons and
vessels will be prohibited from entering into, transiting through, or
anchoring within the safety zone unless authorized by the Captain of
the Port, or his designated representative. Before the effective
period, the Coast Guard will publish a local notice to mariners (LNM).

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary. This determination is based on the safety zone being of
a limited duration, two hours, and is also limited to a relatively
small geographic area of Lake Havasu.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit or anchor in the impacted portion of the Colorado
River from 7:30 a.m. to 9:30 a.m. on March 22, 2014.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone would apply to the entire width of the London
Bridge Channel, traffic would be allowed to pass through the zone with
the permission of the Captain of the Port, or his designated
representative. Before the effective period, the Coast Guard will
publish a Local Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a safety zone on the
navigable waters of Lake Havasu. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T11-618 to read as follows:

Sec.  165.T11-618  Safety zone; Havasu Triathlon, Lake Havasu, AZ.

    (a) Location. The limits of the safety zone will include the
portion of the London Bridge Channel north of the London Bridge and all
navigable waters of Lake Havasu encompassed by the following
coordinates;

34[deg]28'40'' N, 114[deg]21'43'' W, 34[deg]28'19'' N,
114[deg]21'42'' W, 34[deg]28'39'' N, 114[deg]21'19'' W,
34[deg]28'20'' N, 114[deg]20'49'' W 34[deg]28'16'' N,
114[deg]20'54'' W
    (b) Enforcement period. This section will be enforced on March 22,
2014. It will be enforced from 7:30 a.m. to 9:30 a.m.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
or local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (3) Upon being hailed by U.S. Coast Guard or designated patrol
personnel by siren, radio, flashing light or other means, the operator
of a vessel shall proceed as directed.
    (4) The Coast Guard may be assisted by other Federal, State, or
local agencies.

    Dated: February 12, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-04735 Filed 3-3-14; 8:45 am]
BILLING CODE 9110-04-P