[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Notices]
[Page 34974-34976]
[DOCID:fr16jn06-157]

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 SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53970; File No. SR-DTC-2006-08]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish a Mechanism by Which It Will Collect and Pass-Through Fees
Owed by Participants to American Depository Receipt Agents for Certain
Issues and To Collect a Charge for This Service

June 12, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on April 28, 2006, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') and on May 2, 2006, amended \2\
the proposed rule change described in Items I, II, and III below, which
items have been prepared primarily by DTC. DTC filed the proposed rule
change pursuant to section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-
4(f)(2) \4\ thereunder so that the proposal was effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ The amendment attached the comment letter from the
Securities Operations Division of the Securities Industry
Association that DTC had inadvertently omitted. Details of that
comment letter are set forth later in this Notice.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b.4(f)(2).

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

    The purpose of the rule change is to allow for the establishment of
a mechanism by which DTC will collect and pass-through fees owed by its
participants to American Depositary Receipt (``ADR'') agents for
certain issues, and to implement a charge for this service.

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\5\
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    \5\ The Commission has modified the text of the summaries
prepared by DTC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    Typically, an ADR agent is authorized under its agreement with the
issuer to impose a custody fee on holders of the issue. A common
practice for collection of this fee is for the ADR agent to subtract
the amount of the fee from the gross dividend payable to the ADR
holders. This practice is effectuated by DTC announcing to participants
both the gross dividend rate and the net dividend rate after deduction
of the ADR custody fee, the ADR agent paying DTC the net dividend, and
DTC allocating the net dividend to participants. However, a number of
ADR issues do not pay periodic dividends, which prevents the associated
fees from being collected through the above-described mechanism.
    Pursuant to discussions with industry representatives and in order
to facilitate a more efficient ADR fee collection process, DTC is
proposing to introduce a mechanism by which it will collect from
participants and will pass through to ADR agents custody fees for
issues that do not pay periodic dividends as such fees are reported to
DTC by the ADR agents. DTC has discussed this proposal with three
divisions of the Securities Industry Association (``SIA''), the
Corporate Actions Division, Dividends Division, and Securities
Operations Divisions (``SOD''). The SOD Regulatory and Clearance
Committee prepared and sent to DTC a memorandum on DTC's proposal. The
memorandum concluded that DTC should collect such fees through its
normal monthly billing process.\6\
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    \6\ Memorandum from Albert Howell, Chairman, Regulatory &
Clearance Committee, Securities Operations Division, Securities
Industry Association, to William Hodash, Managing Director, The
Depository Trust and Clearing Company (March 7, 2006).
---------------------------------------------------------------------------

    In order to cover costs incurred in collecting fees associated with
ADR issues that do not pay periodic dividends, DTC will implement a
collection charge equal to three percent (3%) of the ADR agent fee
amount collected from each participant up to a maximum of $4,000. DTC
will not retain a charge a collection fee if its computed collection
charge is less than $50. This collection fee will appear in the DTC fee
schedule as follows:

----------------------------------------------------------------------------------------------------------------
               Service                       Current fee              Proposed fee                 Per
----------------------------------------------------------------------------------------------------------------
Collection of ADR agent fees for      N/A.....................  Scaled fee (3% of ADR    Per CUSIP, per
 issues not paying periodic                                      agent fee); maximum of   participant position.
 dividends.                                                      $4,000; $0 if computed
                                                                 charge is less than
                                                                 $50.
----------------------------------------------------------------------------------------------------------------

    DTC believes the proposed rule change is consistent with section
17A of the Act,\7\ as amended, because it updates its fee schedule. As
such, it provides for the equitable allocation of fees among its
participants and aligns fees for services with the associated cost to
deliver the service.
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    \7\ 15 U.S.C. 78q.1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    A written memorandum supporting the proposed rule change was
submitted by the Regulatory & Clearance Committee of the Securities
Operations Division of the Securities Industry Association. No other
written comments were solicited or received.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-4(f)(2)
\9\ thereunder because the rule establishes a due, fee, or other
charge. At any time within sixty 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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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-DTC-2006-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2006-08. 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 Section, 100 F Street, NE., Washington, DC 20549. Copies of
such filings also will be available for inspection and copying at the
principal office of DTC and on DTC's Web site at https://login.dtcc.com/dtcorg/.
 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-DTC-2006-08 and should be submitted on or before July 7, 2006.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-9439 Filed 6-15-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Notices]
[Page 38632]
[DOCID:fr07jy06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-404-000]

Eastern Shore Natural Gas Company; Notice of Petition for
Approval of Settlement Agreement

June 29, 2006.
    Take notice that on June 27, 2006, Eastern Shore Natural Gas
Company (Eastern Shore) tendered for filing a Petition for Approval of
Settlement Agreement, including a proposed settlement agreement and
associated pro forma tariff sheets.
    Eastern Shore states that copies of its filing have been served
upon all affected customers of Eastern Shore and interested state
commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on July 5, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-10609 Filed 7-6-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 6, 2009 (Volume 74, Number 214)]
[Rules and Regulations]
[Page 57402-57405]
[DOCID:fr06no09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1024; Directorate Identifier 2009-NM-182-AD;
Amendment 39-16083; AD 2008-05-18 R1]
RIN 2120-AA64

Airworthiness Directives; Fokker Model F.27 Mark 050, 200, 300,
400, 500, 600, and 700 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that would revise an existing AD. This AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe
condition as:

    Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
    Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' * * *. These are identified in
Failure Conditions for which an unacceptable probability of ignition
risk could exist if specific tasks and/or practices are not
performed in accordance with the manufacturers' requirements.

    This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective November 23, 2009.
    On April 16, 2008 (73 FR 13071, March 12, 2008), the Director of
the Federal Register approved the incorporation by reference of certain
publications listed in the AD.
    We must receive comments on this AD by December 21, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this AD, contact Fokker
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-
Vennep, the Netherlands; telephone +31 (0)252-627-350; fax +31 (0)252-
627-211; e-mail<EMAIL_ADDRESS>Internet
http://www.myfokkerfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 28, 2008, we issued AD 2008-05-18, Amendment 39-15412
(73 FR 13071, March 12, 2008). That AD applied to certain Fokker Model
F.27 Mark 050, 200, 300, 400, 500, 600, and 700 airplanes. That AD
required revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness to incorporate new limitations
for fuel tank systems.
    Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
    Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.

    Some operators have questioned whether existing components affected
by the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS. But once
the CDCCLs are incorporated into the ALS, future maintenance actions on
components must be done in accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. This new
AD retains the requirements of the existing AD, and adds a new note to
clarify the intended effect of the AD on spare and on-airplane fuel
tank system components. We have renumbered subsequent notes
accordingly.

Explanation of Additional Change to AD

    AD 2008-05-18 allowed the use of alternative inspections,
inspection intervals, or CDCCLs if they are part of a later revision of
a Fokker 50/60 Fuel Airworthiness Limitation Items (ALI) and CDCCL
Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service
Bulletin SBF27-28-070, Revision 1, dated January 8, 2008. That
provision has been removed from this AD. Allowing the use of ``a later
revision'' of a specific service document violates Office of the
Federal Register policies for approving materials that are

incorporated by reference. Affected operators, however, may request
approval to use a later revision of the referenced service documents as
an alternative method of compliance, under the provisions of paragraph
(g) of this AD.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a note within the AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
    We estimate that this AD will affect about 24 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $1,920, or $80 per
product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-1024; Directorate
Identifier 2009-NM-182-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act. We prepared a regulatory evaluation
of the estimated costs to comply with this AD and placed it in the AD
docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15412 (73 FR
13071, March 12, 2008) and adding the following new AD:

2008-05-18 R1 Fokker Services B.V.: Amendment 39-16083. Docket No.
FAA-2009-1024; Directorate Identifier 2009-NM-182-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
23, 2009.

Affected ADs

    (b) This AD revises AD 2008-05-18, Amendment 39-15412.

Applicability

    (c) This AD applies to Fokker Model F.27 Mark 050 airplanes, all
serial numbers; and Fokker F.27 Mark 200, 300, 400, 500, 600, and
700 airplanes, serial numbers 10102 through 10692 inclusive;
certificated in any category.

    Note 1:  This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint
Aviation

Authorities) to the European National Aviation Authorities in JAA
letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.
25.1309.
    In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO, http://
www.easa.eu.int/home/cert_policy_statements_en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: the date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
    This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations, comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
    The corrective action includes revising the Airworthiness
Limitations Section (ALS) of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.

Restatement of Requirements of AD 2008-05-18, With Changes to
Compliance Method

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after April 16, 2008 (the effective date of
AD 2008-05-18), revise the ALS of the Instructions for Continued
Airworthiness to incorporate the limits (inspections, thresholds,
and intervals) specified in Fokker 50/60 Fuel Airworthiness
Limitation Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006;
or Fokker Service Bulletin SBF27-28-070, Revision 1, dated January
8, 2008; as applicable. For all tasks identified in Report SE-671 or
Service Bulletin SBF27-28-070, the initial compliance times are as
specified in Table 1 or Table 2 of this AD, as applicable. The
repetitive inspections must be accomplished thereafter at the
intervals specified in Report SE-671 or Service Bulletin SBF27-28-
070, as applicable, except as provided by paragraphs (f)(3) and
(g)(1) of this AD.

 Table 1--Initial Compliance Times for ALS Revision for Model F.27 Mark
                              050 Airplanes
------------------------------------------------------------------------
            For--                            The later of--
------------------------------------------------------------------------
Task 280000-01...............  102 months after April 16, 2008; or 102
                                months after the date of issuance of the
                                original Dutch standard airworthiness
                                certificate or the date of issuance of
                                the original Dutch export certificate of
                                airworthiness.
Task 280000-02...............  30 months after April 16, 2008; or 30
                                months after the date of issuance of the
                                original Dutch standard airworthiness
                                certificate or the date of issuance of
                                the original Dutch export certificate of
                                airworthiness.
------------------------------------------------------------------------

 Table 2--Initial Compliance Times for ALS Revision for Model F.27 Mark
               200, 300, 400, 500, 600, and 700 Airplanes
------------------------------------------------------------------------
            For--                            The later of--
------------------------------------------------------------------------
Task 280000-01...............  78 months after April 16, 2008; or 78
                                months after the date of issuance of the
                                original Dutch standard airworthiness
                                certificate or the date of issuance of
                                the original Dutch export certificate of
                                airworthiness.
Task 280000-02...............  18 months after April 16, 2008; or 18
                                months after the date of issuance of the
                                original Dutch standard airworthiness
                                certificate or the date of issuance of
                                the original Dutch export certificate of
                                airworthiness.
------------------------------------------------------------------------

    (2) Within 3 months after April 16, 2008, revise the ALS of the
Instructions for Continued Airworthiness to incorporate the CDCCLs
as defined in Fokker 50/60 Fuel Airworthiness Limitations Items
(ALI) and Critical Design Configuration Control Limitations (CDCCL)
Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service
Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as
applicable.
    (3) Where Fokker 50/60 Fuel Airworthiness Limitation Items (ALI)
and Critical Design Configuration Control Limitations (CDCCL) Report
SE-671, Issue 2, dated December 1, 2006; or Fokker Service Bulletin
SBF27-28-070, Revision 1, dated January 8, 2008; as applicable;
allow for exceptional short-term extensions, an exception is
acceptable to the FAA if it is approved by the appropriate principal
inspector in the FAA Flight Standards Certificate Holding District
Office.
    (4) After accomplishing the actions specified in paragraphs
(f)(1) and (f)(2) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used, unless the inspections, inspection
intervals, or CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (g)(1) of this AD.
    (5) Actions done before April 16, 2008, in accordance with
Fokker 50/60 Fuel Airworthiness Limitation Items (ALI) and Critical
Design Configuration Control Limitations (CDCCL) Report SE-671,
Issue 1, dated January 31, 2006; and Fokker Service Bulletin SBF27/
28-070, dated June 30, 2006; are acceptable for compliance with the
corresponding requirements of this AD.

New Information:

Explanation of CDCCL Requirements

    Note 2: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS
of the Instructions for Continued Airworthiness, as required by
paragraphs (f)(1) and (f)(2) of this AD, do not need to be reworked
in accordance with the CDCCLs. However, once the ALS has been
revised, future maintenance actions on these components must be done
in accordance with the CDCCLs.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1137; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to ensure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2006-0207, dated July 12, 2006; EASA Airworthiness
Directive 2006-0209, dated July 12, 2006 (corrected September 1,
2006); Fokker 50/60 Fuel Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control Limitations (CDCCL) Report SE-
671, Issue 2, dated December 1, 2006; and Fokker Service Bulletin
SBF27-28-070, Revision 1, dated January 8, 2008; for related
information.

Material Incorporated by Reference

    (i) You must use Fokker 50/60 Fuel Airworthiness Limitation
Items (ALI) and Critical Design Configuration Control Limitations
(CDCCL) Report SE-671, Issue 2, dated December 1, 2006; and Fokker
Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register previously approved the
incorporation by reference of Fokker 50/60 Fuel Airworthiness
Limitation Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006;
and Fokker Service Bulletin SBF27-28-070, Revision 1, dated January
8, 2008; on April 16, 2008 (73 FR 13071, March 12, 2008).
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax
+31 (0)252-627-211; e-mail
<EMAIL_ADDRESS>Internet http://
www.myfokkerfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26382 Filed 11-5-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40665-40667]
[FR Doc No: 2021-15993]

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

[Release No. 34-92468; File No. SR-ICC-2021-016]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Proposed Rule Change Relating to the ICC Exercise Procedures

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934, (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on July 8, 2021, ICE Clear Credit LLC (``ICC'') filed with
the Securities and Exchange Commission the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
primarily by ICC. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to revise the
Exercise Procedures in connection with the clearing of credit default
index swaptions (``Index Swaptions'').

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

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

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

(a) Purpose
    ICC proposes revising the Exercise Procedures in connection with
the clearing of Index Swaptions. The Exercise Procedures supplement the
provisions of Subchapter 26R of the ICC Clearing Rules (the ``Rules'')
with respect to Index Swaptions \3\ and provide further detail as to
the manner in which Index Swaptions may be exercised by Swaption
Buyers, the manner in which ICC will assign such exercises to Swaption
Sellers, and certain actions that ICC may take in the event of
technical issues. ICC proposes to make the changes effective following
Commission approval of the proposed rule change. The proposed revisions
are described in detail as follows.
---------------------------------------------------------------------------

    \3\ Pursuant to an Index Swaption, one party (the ``Swaption
Buyer'') has the right (but not the obligation) to cause the other
party (the ``Swaption Seller'') to enter into an index credit
default swap transaction at a pre-determined strike price on a
specified expiration date on specified terms. In the case of Index
Swaptions cleared by ICC, the underlying index credit default swap
is limited to certain CDX and iTraxx index credit default swaps that
are accepted for clearing by ICC, and which would be automatically
cleared by ICC upon exercise of the Index Swaption by the Swaption
Buyer in accordance with its terms.
---------------------------------------------------------------------------

    ICC proposes changes related to certain fallback measures included
in the Exercise Procedures. ICC proposes to amend Paragraph 2.6, which
includes procedures to address a failure of the electronic system
established by ICC for exercise (``Exercise System Failure''). In such
case, Paragraph 2.6 currently provides ICC with the following options:
(i) Cancel and reschedule the Exercise Period (i.e., the period on the
expiration date of an Index Swaption during which the Swaption Buyer
may deliver an exercise notice to ICC to exercise all or part of such
Index Swaption); (ii) determine that automatic exercise will apply;
and/or (iii) take such other action as ICC determines to be appropriate
to permit exercising parties to submit exercise notices and to permit
ICC to assign such notices. The proposed changes remove the ability to
cancel and reschedule the Exercise Period and renumber the following
options accordingly.

    ICC maintains the ability to effect an automatic exercise under
Paragraph 2.8, which addresses the situation where ICC will
automatically exercise on the expiration date each open position (of
all exercising parties) in an Index Swaption that is determined by ICC
to be ``in the money'' on such date. Whether an Index Swaption is ``in
the money'' is currently based on the average of the end-of-day
(``EOD'') price of the underlying CDS contract on the preceding
business day and on the expiration date, and where relevant, also based
on the average of the EOD price on the preceding business day and on
the expiration date of each single name constituent contract with
respect to which an Existing Restructuring \4\ has occurred. Under the
proposed changes, whether an Index Swaption is ``in the money'' is
based on the relevant market-observed prices for the underlying CDS
contract determined by ICC using the intraday market data available to
it at the time, or the EOD price of the underlying CDS contract on the
expiration date established at any Intercontinental Exchange, Inc.
(``ICE'') clearinghouse, and where relevant, also based on the last
available ICE EOD price of each single name constituent contract with
respect to which an Existing Restructuring has occurred. Such changes
provide ICC with additional flexibility, as ICC need not wait until EOD
to execute an automatic exercise, and allow this fallback measure to
coincide with the timing of the Exercise Period.\5\
---------------------------------------------------------------------------

    \4\ An Existing Restructuring is defined in ICC Rule 26R-319(c)
and is applicable upon the occurrence of an M(M)R Restructuring
Credit Event with respect to an Index Swaption for which the DC
Credit Event Announcement or Regional CDS Committee Restructuring
Announcement occurs on or prior to the expiration date.
    \5\ The Exercise Period starts at the Swaption Exercise Start
Time (with respect to an Index Swaption referencing a CDX.NA index,
9:00 a.m., New York time and referencing an iTraxx Europe index,
9:00 a.m., London time) and ends at the Swaption Exercise Cut-Off
Time (with respect to an Index Swaption referencing a CDX.NA index,
11:00 a.m., New York time and referencing an iTraxx Europe index,
4:00 p.m., London time) under the Exercise Procedures.
---------------------------------------------------------------------------

(b) Statutory Basis
    ICC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \6\ and the regulations
thereunder applicable to it, including the applicable standards under
Rule 17Ad-22.\7\ In particular, Section 17A(b)(3)(F) of the Act \8\
requires that the rule change be consistent with the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICC, the
safeguarding of securities and funds in the custody or control of ICC
or for which it is responsible, and the protection of investors and the
public interest. ICC proposes changes related to certain fallback
measures in the Exercise Procedures. Removing the option to cancel and
reschedule the Exercise Period under Paragraph 2.6 would streamline and
simplify ICC's procedures in the case of an Exercise System Failure,
thereby reducing the potential for confusion regarding ICC's practices
under such circumstances. Moreover, to provide consistency where
possible in the event of an Exercise System Failure, amended Paragraph
2.8 allows the timing of automatic exercise to coincide with the timing
of the Exercise Period. Accordingly, in ICC's view, the proposed rule
change will facilitate understanding of how unforeseen operational or
technical issues are handled and promote preparedness by market
participants to enhance the implementation of the Exercise Procedures,
thereby promoting the prompt and accurate clearing and settlement of
the contracts cleared by ICC, including Index Swaptions, the
safeguarding of securities and funds in the custody or control of ICC
or for which it is responsible, and the protection of investors and the
public interest, within the meaning of Section 17A(b)(3)(F) of the
Act.\9\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 17 CFR 240.17Ad-22.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ Id.
---------------------------------------------------------------------------

    The amendments would also satisfy relevant requirements of Rule
17Ad-22.\10\ Rule 17Ad-22(e)(1) \11\ requires each covered clearing
agency to establish, implement, maintain, and enforce written policies
and procedures reasonably designed to provide for a well-founded,
clear, transparent, and enforceable legal basis for each aspect of its
activities in all relevant jurisdictions. The Exercise Procedures
supplement the provisions of Subchapter 26R of the Rules with respect
to Index Swaptions and further ensure that ICC's Rules clearly reflect
the terms and conditions applicable to Index Swaptions. As described
above, the proposed revisions would support the clearing of Index
Swaptions by ICC by providing additional consistency to market
participants and simplifying the procedures in the case of an Exercise
System Failure. The proposed rule change would continue to support the
legal basis for ICC's clearance of Index Swaptions and operation of the
exercise and assignment process, including addressing situations where
there are operational or technical issues. As such, the proposed rule
change would satisfy the requirements of the Rule 17Ad-22(e)(1).\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.17Ad-22.
    \11\ 17 CFR 240.17Ad-22(e)(1).
    \12\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(17) \13\ requires, in relevant part, each covered
clearing agency to establish, implement, maintain, and enforce written
policies and procedures reasonably designed to manage its operational
risks by (i) identifying the plausible sources of operational risk,
both internal and external, and mitigating their impact through the use
of appropriate systems, policies, procedures, and controls; and (ii)
ensuring that systems have a high degree of security, resiliency,
operational reliability, and adequate, scalable capacity. The Exercise
Procedures allow ICC to manage the operational risks associated with
the exercise and assignment process by establishing procedures for the
exercise and assignment of Index Swaptions and including fallback
measures, which help mitigate the impact from operational or technical
issues and ensure that the system has a high degree of security,
resiliency, operational reliability, and adequate, scalable capacity.
The proposed changes remove the option to cancel and reschedule an
Exercise Period, which would reduce the potential for confusion
regarding ICC's practices under such circumstances. The proposed
changes also provide ICC with additional flexibility for determining
whether an Index Swaption is ``in the money'' such that ICC need not
wait until EOD to execute an automatic exercise to provide consistency
where possible in the case of an Exercise System Failure. ICC believes
that these amendments would streamline and simplify ICC's procedures in
the event of an Exercise System Failure and help mitigate the impact
from operational or technical issues. The proposed rule change is
therefore reasonably designed to meet the requirements of Rule 17Ad-
22(e)(17).\14\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.17Ad-22(e)(17)(i)-(ii).
    \14\ Id.
---------------------------------------------------------------------------

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

    ICC does not believe the proposed amendments would have any impact,
or impose any burden, on competition not necessary or appropriate in
furtherance of the purpose of the Act. The proposed changes to the
Exercise Procedures will apply uniformly across all market
participants. Therefore, ICC does not

believe the proposed rule change imposes any burden on competition not
necessary or appropriate in furtherance of the purpose of the Act.

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

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2021-016 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2021-016. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2021-016 and should be
submitted on or before August 18, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15993 Filed 7-27-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Pages 20270-20273]
[FR Doc No: 2019-09494]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0137]
RIN 1625-AA08

Special Local Regulation; Breton Bay, McIntosh Run, Leonardtown,
MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary special local
regulations for certain navigable waters of the Breton Bay and McIntosh
Run. This action is necessary to provide for the safety of life on
these waters located at Leonardtown, MD, on October 5, 2019, and
October 6, 2019, during a high-speed power boat demonstration event.
This regulation prohibits persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or Coast Guard Patrol Commander.

DATES: This rule is effective from 8 a.m. on October 5, 2019, to 6 p.m.
on October 6, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0137 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Southern Maryland Boat Club of Leonardtown, MD, notified the
Coast Guard that from 9 a.m. to 5 p.m. on October 5, 2019, and from 9
a.m. to 5 p.m. on October 6, 2019, it will be conducting the Southern
Maryland Boat Club Bash on the Bay in Breton Bay and McIntosh Run at
Leonardtown, MD. In response, on March 18, 2019, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled ``Special Local
Regulation; Breton Bay, McIntosh Run, Leonardtown, MD'' (84 FR 9731).
There we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this power boat demonstration
event. During the comment period that ended April 17, 2019, we received
no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with this power boat
demonstration event will be a safety concern for anyone intending to
operate in or near the demonstration area. The purpose of this rule is
to protect event participants, spectators, and transiting vessels on
specified waters of Breton Bay and McIntosh Run before, during, and
after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March
18, 2019. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes a special local regulation to be enforced
from 8 a.m. to 6 p.m. on October 5, 2019, and from 8 a.m. to 6 p.m. on
October 6, 2019. The regulated area will cover all navigable waters
Breton Bay and McIntosh Run,

immediately adjacent to Leonardtown, MD shoreline, from shoreline to
shoreline, within an area bounded to the east by a line drawn along
latitude 38[deg]16'43'' N and bounded to the west by a line drawn along
longitude 076[deg]38'30'' W, located at Leonardtown, MD. This special
local regulation provides additional information about areas within the
regulated area, their definitions, and the restrictions that will
apply. These areas include a ``Course Area'', ``Buffer Zone'',
``Milling Area'' and ``Spectator Area''. They lie within an area
bounded to the east by a line drawn along latitude 38[deg]16'43'' N and
bounded to the west by a line drawn along longitude 076[deg]38'30'' W,
located in Breton Bay and McIntosh Run, at Leonardtown, MD. The
duration of the special local regulations and size of the regulated
area are intended to ensure the safety of life on these navigable
waters before, during, and after this power boat demonstration event,
scheduled from 9 a.m. until 5 p.m. on October 5, 2019, and October 6,
2019. Except for participants and vessels already at berth, a vessel or
person will be required to get permission from the COTP or PATCOM
before entering the regulated area while the rule is being enforced.
Vessel operators can request permission to enter and transit through
the regulated area by contacting the PATCOM on VHF-FM channel 16.
Vessel traffic will be able to safely transit the regulated area once
the PATCOM deems it safe to do so. If permission is granted by the COTP
or PATCOM, a person or vessel will be allowed to enter the regulated
area or pass directly through the regulated area as instructed. Vessels
will be required to operate at a safe speed that minimizes wake while
within the regulated area. Official Patrol vessels will direct
spectator vessels while within the regulated area. Official Patrols are
any vessel assigned or approved by the Commander, Coast Guard Sector
Maryland-National Capital Region with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign. Vessels will be
prohibited from loitering within the navigable channel. Only
participant vessels and Official Patrols will be allowed to enter the
course area and milling area. A person or vessel not registered with
the event sponsor as a participant or assigned as Official Patrols will
be considered a spectator. Spectators are only allowed inside the
regulated area if they remain within a designated spectator area. All
spectator vessels must be anchored or operate at a No Wake Speed within
a designated spectator area. Spectators must contact the PATCOM to
request permission to pass through the regulated area. If permission is
granted, spectators must pass directly through the regulated area at
safe speed and without loitering.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, duration
and time of year of the power boat demonstration event, which will
impact a small designated area of Breton Bay and McIntosh Run for 20
total enforcement hours. The Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the status of the
special local regulation. Moreover, the rule will allow vessels to seek
permission to enter the regulated area, and vessel traffic will be able
to safely transit the regulated area once the COTP or PATCOM deems it
safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes,

or on the distribution of power and responsibilities between the
Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States.
The temporary regulated area will be enforced for 20 hours during the
power boat demonstration event. It is categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Memorandum For Record for
Categorically Excluded Actions supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  [thinsp]100.501T05-0137 to read as follows:

Sec.  100.501T05-0137  Special Local Regulation; Breton Bay, McIntosh
Run, Leonardtown, MD.

    (a) Definitions. As used in this section:
    Buffer zone is a neutral area that surrounds the perimeter of the
Course Area within the regulated area described by this section. The
purpose of a buffer zone is to minimize potential collision conflicts
with marine event participants and spectator vessels or nearby
transiting vessels. This area provides separation between a Course Area
and a specified Spectator Area or other vessels that are operating in
the vicinity of the regulated area established by the special local
regulations.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Course area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
high-speed power boat demonstration area within the regulated area
defined by this section.
    Milling area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
milling area within the regulated area defined by this section. The
area is used before a demonstration start to warm up the boats engines.
    Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the Southern Maryland Boat Club Bash on the
Bay or otherwise designated by the event sponsor as having a function
tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
    (b) Locations. All coordinates reference Datum NAD 1983.
    (1) Regulated area. All navigable waters of Breton Bay and McIntosh
Run, immediately adjacent to Leonardtown, MD shoreline, from shoreline
to shoreline, within an area bounded to the east by a line drawn along
latitude 38[deg]16'43'' N and bounded to the west by a line drawn along
longitude 076[deg]38'30'' W, located at Leonardtown, MD. The following
locations are within the regulated area:
    (2) Course area. The course area is a polygon in shape measuring
approximately 940 yards in length by 228 yards in width. The area is
bounded by a line commencing at position latitude 38[deg]17'09.78'' N,
longitude 076[deg]38'22.71'' W; thence southeasterly to latitude
38[deg]16'58.62'' N, longitude 076[deg]37'50.91'' W; thence
southwesterly to latitude 38[deg]16'51.89'' N, longitude
076[deg]37'55.82'' W; thence northwesterly to latitude
38[deg]17'05.44'' N, longitude 076[deg]38'27.20'' W; thence
northeasterly terminating at point of origin.
    (3) Buffer zone. The buffer zone surrounds the entire course area
described in the preceding paragraph of this section. This area is a
polygon in shape and provides a buffer around the perimeter of the
course area. The area is bounded by a line commencing at the shoreline
west of Leonardtown Wharf Park at position latitude 38[deg]17'13.80''
N, longitude 076[deg]38'24.72'' W; thence easterly to latitude
38[deg]16'58.61'' N, longitude 076[deg]37'44.29'' W; thence southerly
to latitude 38[deg]16'46.35'' N, longitude 076[deg]37'52.54'' W; thence
westerly to latitude 38[deg]16'58.78'' N, longitude 076[deg]38'26.63''
W; thence northerly to latitude 38[deg]17'07.50'' N, longitude
076[deg]38'30.00'' W; thence northeasterly terminating at point of
origin.
    (4) Milling area. The milling area is a polygon in shape and is
bounded by a line commencing at the shoreline east of Leonardtown Wharf
Park at position latitude 38[deg]17'10.07'' N, longitude
076[deg]38'14.87'' W; thence easterly and southerly along the shoreline
to latitude 38[deg]17'01.54'' N, longitude 076[deg]37'52.24'' W; thence
westerly terminating at point of origin.

    (5) Spectator areas--(i) Northeast Spectator Fleet Area. The
designated spectator area is bounded by a line commencing at position
latitude 38[deg]16'59.10'' N, longitude 076[deg]37'45.60'' W, thence
northeasterly to latitude 38[deg]17'01.76'' N, longitude
076[deg]37'43.71'' W, thence southeasterly to latitude
38[deg]16'59.23'' N, longitude 076[deg]37'37.25'' W, thence
southwesterly to latitude 38[deg]16'53.32'' N, longitude
076[deg]37'40.85'' W, thence northwesterly to latitude
38[deg]16'55.48'' N, longitude 076[deg]37'46.39'' W, thence
northeasterly to latitude 38[deg]16'58.61'' N, longitude
076[deg]37'44.29'' W, thence northwesterly to point of origin.
    (ii) Southeast Spectator Fleet Area. The designated spectator area
is bounded by a line commencing at position latitude 38[deg]16'47.20''
N, longitude 076[deg]37'54.80'' W, thence southerly to latitude
38[deg]16'43.30'' N, longitude 076[deg]37'55.20'' W, thence easterly to
latitude 38[deg]16'43.20'' N, longitude 076[deg]37'47.80'' W, thence
northerly to latitude 38[deg]16'44.80'' N, longitude 076[deg]37'48.20''
W, thence northwesterly to point of origin.
    (iii) South Spectator Fleet Area. The designated spectator area is
bounded by a line commencing at position latitude 38[deg]16'55.36'' N,
longitude 076[deg]38'17.26'' W, thence southeasterly to latitude
38[deg]16'50.39'' N, longitude 076[deg]38'03.69'' W, thence southerly
to latitude 38[deg]16'48.87'' N, longitude 076[deg]38'03.68'' W, thence
northwesterly to latitude 38[deg]16'53.82'' N, longitude
076[deg]38'17.28'' W, thence northerly to point of origin
    (c) Special local regulations. (1) The COTP Maryland--National
Capital Region or PATCOM may forbid and control the movement of all
vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area must immediately comply with the directions given
by the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Maryland--National Capital Region or PATCOM
may terminate the event, or a participant's operations at any time the
COTP Maryland--National Capital Region or PATCOM believes it necessary
to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, and
official patrol vessels enforcing this regulated area, can be contacted
on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A
(157.1 MHz). If permission is granted, the spectator may enter a
designated Spectator Area or must pass directly through the regulated
area as instructed by PATCOM. A vessel within the regulated area must
operate at safe speed that minimizes wake. A spectator vessel must not
loiter within the navigable channel while within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must first obtain authorization from the COTP
Maryland--National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland--National Capital Region
at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (5) Only participant vessels and official patrol vessels are
allowed to enter the course area and milling area.
    (6) Spectators are only allowed inside the regulated area if they
remain within the designated spectator area. All spectator vessels must
be anchored or operate at a No Wake Speed within a designated spectator
area. Official patrol vessels will direct spectator vessels to the
spectator area. Spectators must contact the Coast Guard Patrol
Commander to request permission to pass through the regulated area. If
permission is granted, spectators must pass directly through the
regulated area at safe speed and without loitering.
    (7) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
    (e) Enforcement periods. This section will be enforced from 8 a.m.
to 6 p.m. on October 5, 2019, and from 8 a.m. to 6 p.m. on October 6,
2019.

    Dated: May 3, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-09494 Filed 5-8-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14787-14788]
[FR Doc No: 2013-05279]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-14-000]

Millennium Pipeline Company, L.L.C.; Notice of Availability of
the Environmental Assessment for the Proposed Hancock Compressor
Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) on the
Hancock Compressor Project proposed by Millennium Pipeline Company,
L.L.C. (Millennium) in the above-referenced docket. Millennium requests
authorization to construct and operate its Hancock Compressor Project
in Delaware County, New York, to meet the demands of existing customers
and allow bi-directional gas flow.
    The EA assesses the potential environmental effects of the
construction and operation of the Hancock Compressor Project in
accordance with the requirements of the National Environmental Policy
Act (NEPA). The FERC staff concludes that approval of the proposed
project, with appropriate mitigating measures, would not constitute a
major federal action significantly affecting the quality of the human
environment.
    The U.S. Environmental Protection Agency participated as a
cooperating agency in the preparation of the EA. Cooperating agencies
have jurisdiction by law or special expertise with respect to resources
potentially affected by the proposal and participate in the NEPA
analysis.
    The proposed Hancock Compressor Project includes the following
facilities:
     One 15,900-horsepower natural gas-fired compressor unit at
the new Hancock Compressor Station;
     About 320 feet of 30-inch-diameter pipeline for suction
from the existing Millennium mainline and about 290 feet of 30-inch-
diameter pipeline for discharge to the existing Millennium mainline;
     A new 650-foot-long permanent access driveway; and
     Associated ancillary facilities.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding. In addition, the EA is available for public viewing on
the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before April 1,
2013.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP13-14-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214). \1\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
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    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP13-
14). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.

    Dated: March 1, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-05279 Filed 3-6-13; 8:45 am]
BILLING CODE 6717-01-P