[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36405-36409]
[FR Doc No: 2014-15119]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0081]
RIN 1625-AA00

Safety Zones; Annual Events in the Captain of the Port Zone
Buffalo

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising its safety zone regulations for
annually recurring firework displays and marine events within the
Captain of the Port Zone Buffalo. The safety zones revised or
established by this final rule are necessary to protect the surrounding
public, spectators, participants, and vessels from the hazards
associated with fireworks displays, hydroplane boat races, and other
events of a similar nature posing a potential hazard to the safety of
life and property on the navigable waters. This final rule is intended
to restrict vessels from designated areas on navigable waterways during
these events.

DATES: This rule is effective July 28, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0081]. 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 LT Christopher Mercurio, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security

FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section

A. Regulatory History and Information

    The regulations found in 33 CFR 165.939 serve to protect the
boating public from hazards associated with firework displays that take
place on a navigable waterway within the Captain of the Port (COTP)
Zone Buffalo. For boundaries of this COTP zone, see 33 CFR 3.45-10.
    In 2013, the Captain of the Port Buffalo revised the regulations
found in 33 CFR 165.939 through a final rule published April 23, 2013
(78 FR 23850). Those revisions clarified the locations of many outdated
safety zones and established seven additional safety zones within the
Captain of the Port Zone Buffalo area of responsibility. On May 1,
2014, we published an NPRM entitled Safety Zones; Annual Fireworks
Events in the Captain of the Port Buffalo Zone in the Federal Register
(79 FR 24656) that proposed to revise Sec.  165.939 to provide greater
regulatory flexibility for enforcement notification and to add six
safety zones. We received no comments on the proposed rule.

B. Basis and Purpose

    Section 165.939 currently lists 29 permanent safety zones within
the Captain of the Port Zone Buffalo. Each of these 29 safety zones
corresponds to an annually recurring fireworks display.
    After the recent 2013 summer season it was noted the effective
times and dates published for these events were not always rigidly
adhered to by fireworks sponsors and event organizers and thus a
subsequent regulatory update enacting greater regulatory flexibility
for enforcement notification was desired in order to maximize Coast
Guard efficiency and public safety. Also, the COTP Buffalo has decided
to enforce safety zones for one additional firework display and five
additional marine events.
    With the above findings in mind, the Coast Guard is revising 33 CFR
165.939 to provide more flexibility in the enforcement periods and to
include several non-fireworks events.
    The Captain of the Port Buffalo has determined that these events
present significant hazards to public spectators and participants. Such
hazards include premature detonations, dangerous detonations, dangerous
projectiles, falling or burning debris, vessels of unique design
operating at great speed, and large numbers of competitive swimmers.

C. Discussion of Comments, Changes and the Final Rule

    As noted above, we received no comments on the NPRM (79 FR 24656).
We have not made any changes from the proposed rule.
    For all of the above reasons, the Captain of the Port Sector
Buffalo is revising 33 CFR 165.939. This revision will change the
verbiage on the enforcement period for all 29 safety zones currently
listed and establish six additional safety zones in Sec.  165.939.
These new safety zones are being added as paragraphs (30) Thunder on
the Niagara Hydroplane boat races, North Tonawanda, NY; (31) Antique
Boat Show Hydroplane boat races, Grand Island, NY; (32) D-Day Conneaut
Air show, Conneaut, OH; (33) Bay Swim, Erie, PA; (34) Rover Fest
fireworks display, Cleveland, OH; and (35) Cleveland National Air show,
Cleveland, OH. Although this rule will remain in effect throughout the
year, the safety zones within it will be enforced only before and
during each corresponding event.
    The enforcement dates and times for each of the safety zones listed
in Sec.  165.939 are subject to change, but the duration of enforcement
would remain the same or nearly the same as the total number of hours
identified for that zone in Sec.  165.939. For any given year, in the
event of a change in the enforcement period, the Captain of the Port
Sector Buffalo will provide notice to the public by publishing a Notice
of Enforcement in the Federal Register, as well as, issuing a Broadcast
Notice to Mariners.
    Entry into, transiting, or anchoring within the safety zones
identified in Sec.  165.939 will be prohibited unless authorized by the
Captain of the Port Buffalo or his on-scene representative. The Captain
of the Port or his on-scene representative may be contacted via VHF
Channel 16.

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 or 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.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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 would affect the following entities, some of which might
be small entities: The owners and operators of vessels intending to
transit or anchor in any one of the safety zones while these zones are
being enforced. These safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: Each safety zone in this rule will be in enforced for no more
than 10 hours in any 24-hour period with the majority of zones only
being in enforced for a few hours in any 24 hour period. Each of the
safety zones will be enforced only once per year and will be in areas
with low commercial vessel traffic. Furthermore, these safety zones
have been designed to allow traffic to pass safely around each zone. In
the event that a safety zone affects shipping, commercial vessels may
request permission from the Captain of the Port Buffalo or his or her
designated representative to transit the safety zone.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

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. 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 will not call for a 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 (adjusted for
inflation) or more in any one year. Though this rule would 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 would 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 From Environmental Health Risks

    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 would not create an
environmental risk to health or risk to safety that might
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 would 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 rule 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 made a
preliminary determination 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 is categorically excluded,
under figure 2-1, paragraph (34)(g), of the Commandant Instruction
because it involves the establishment of a safety zone.
    An environmental analysis checklist 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 is
amending 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. Chapters 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. Revise Sec.  165.939 to read as follows:

Sec.  165.939  Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.

    (a) Safety Zones. The following are designated as safety zones. The
enforcement dates and times for each of the safety zones listed in this
section are subject to change, but the duration of enforcement would
remain the same or nearly the same as the total number of hours as
published. In the event of a change, the Captain of the Port Sector
Buffalo will provide notice to the public by publishing a Notice of
Enforcement in the Federal Register, as well as, issuing a Broadcast
Notice to Mariners.
    (1) Boldt Castle 4th of July Fireworks, Heart Island, NY. (i)
Location. All U.S. waters of the Saint Lawrence River within a 1,120
foot radius of land position 44[deg]20'38.5'' N, 075[deg]55'19.1'' W
(NAD 83) at Heart Island, NY.
    (ii) Enforcement period. July 4 from 8:30 p.m. to 10:30 p.m. each
year.
    (2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY. (i)
Location. All U.S. waters of the Saint Lawrence River within an 840
foot radius of land position 44[deg]15'04'' N, 076[deg]05'40'' W (NAD
83) at Calumet Island, NY.
    (ii) Enforcement period. July 3 from 9 p.m. to 11:30 p.m. of each
year.
    (3) French Festival Fireworks, Cape Vincent, NY. (i) Location. All
U.S. waters of the Saint Lawrence River within an 840 foot radius of
land position 44[deg]07'54.6'' N, 076[deg]20'01.3'' W (NAD 83) in Cape
Vincent, NY.
    (ii) Enforcement period. The second weekend of July from 9:15 p.m.
to 11 p.m. each year.
    (4) Lyme Community Days, Chaumont, NY. (i) Location. All U.S.
waters of Chaumont Bay within a 560 foot radius of position
44[deg]04'06.3'' N, 076[deg]08'56.8'' W (NAD 83) in Chaumont, NY.
    (ii) Enforcement period. The fourth weekend of July from 8:30 p.m.
to 11 p.m. each year.
    (5) Village Fireworks, Sackets Harbor, NY. (i) Location. All U.S.
waters of Black River Bay within an 840 foot radius of position
43[deg]56'51.9'' N, 076[deg]07'46.9'' W (NAD 83) in Sackets Harbor, NY.
    (ii) Enforcement period. July 4 from 8:30 p.m. to 10:30 p.m. each
year.
    (6) Can-Am Festival, Sackets Harbor, NY. (i) Location. All U.S.
waters of Black River Bay within a 1,120 foot radius of position
43[deg]57'15.9'' N,

076[deg]06'39.2'' W (NAD 83) in Sackets Harbor, NY.
    (ii) Enforcement period. The third weekend of July from 9 p.m. to
10:45 p.m. each year.
    (7) Oswego Harborfest, Oswego, NY. (i) Location. All U.S. waters of
Lake Ontario within a 1,000 foot radius of position 43[deg]28'10'' N,
076[deg]31'04'' W (NAD 83) in Oswego, NY.
    (ii) Enforcement period. The last Saturday of July from 9 to 10:30
p.m. each year.
    (8) Brewerton Fireworks, Brewerton, NY. (i) Location. All U.S.
waters of Lake Oneida within an 840 foot radius of barge position
43[deg]14'16.4'' N, 076[deg]08'03.6'' W (NAD 83) in Brewerton, NY.
    (ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. each
year.
    (9) Celebrate Baldwinsville Fireworks, Baldwinsville, NY. (i)
Location. All U.S. waters of the Seneca River within a 700 foot radius
of land position 43[deg]09'24.9'' N, 076[deg]20'18.9'' W (NAD 83) in
Baldwinsville, NY.
    (ii) Enforcement period. The first weekend of July from 9 p.m. to
11 p.m. each year.
    (10) Island Festival Fireworks, Baldwinsville, NY. (i) Location.
All U.S. waters of the Seneca River within a 1,120 foot radius of land
position 43[deg]09'22'' N, 076[deg]20'15'' W (NAD 83) in Baldwinsville,
NY.
    (ii) Enforcement period. The first weekend of July from 9:30 p.m.
to 11 p.m. each year.
    (11) Seneca River Days, Baldwinsville, NY. (i) Location. All U.S.
waters of the Seneca River within an 840 foot radius of land position
43[deg]09'25'' N, 076[deg]20'21'' W (NAD 83) in Baldwinsville, NY.
    (ii) Enforcement period. The second weekend of July from 9 p.m. to
10:30 p.m. each year.
    (12) City of Syracuse Fireworks Celebration, Syracuse, NY. (i)
Location. All U.S. waters of Onondaga Lake within a 350 foot radius of
land position 43[deg]03'37'' N, 076[deg]09'59'' W (NAD 83) in Syracuse,
NY.
    (ii) Enforcement period. The last weekend of June from 9:30 p.m. to
10:30 p.m. each year.
    (13) Tom Graves Memorial Fireworks, Port Bay, NY. (i) Location. All
U.S. waters of Port Bay within an 840 foot radius of barge position
43[deg]18'14.8'' N, 076[deg]50'17.3'' W (NAD 83) in Port Bay, NY.
    (ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. of each
year.
    (14) Village Fireworks, Sodus Point, NY. (i) Location. All U.S.
waters of Sodus Bay within a 1,120 foot radius of land position
43[deg]16'28.7'' N, 076[deg]58'27.5'' W (NAD 83) in Sodus Point, NY.
    (ii) Enforcement period. July 3 from 9:30 p.m. to 10:30 p.m. each
year.
    (15) Rochester Harbor and Carousel Festival, Rochester, NY. (i)
Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of
land position 43[deg]15'40.2'' N, 077[deg]36'05.1'' W (NAD 83) in
Rochester, NY.
    (ii) Enforcement period. The fourth Monday of June from 8 p.m. to
10 p.m. each year.
    (16) A Salute to our Heroes, Hamlin Beach State Park, NY. (i)
Location. All U.S. waters of Lake Ontario within a 560 foot radius of
land position 43[deg]21'51.9'' N, 077[deg]56'59.6'' W (NAD 83) in
Hamlin, NY.
    (ii) Enforcement period. The first weekend of July from 9:45 p.m.
to 11:30 p.m. each year.
    (17) Olcott Fireworks, Olcott, NY. (i) Location. All U.S. waters of
Lake Ontario within a 1,120 foot radius of land position
43[deg]20'23.6'' N, 078[deg]43'09.5'' W (NAD 83) in Olcott, NY.
    (ii) Enforcement period. July 3 from 9:30 p.m. to 11 p.m. of each
year.
    (18) North Tonawanda Fireworks, North Tonawanda, NY. (i) Location.
All U.S. waters of the East Niagara River within a 1,400 foot radius of
land position 43[deg]01'39.6'' N, 078[deg]53'07.5'' W (NAD 83) in North
Tonawanda, NY.
    (ii) Enforcement period. July 4 from 8:45 p.m. to 10:15 p.m. of
each year.
    (19) Tonawanda's Canal Fest Fireworks, Tonawanda, NY. (i) Location.
All U.S. waters of the East Niagara River within a 210 foot radius of
land position 43[deg]01'17.8'' N, 078[deg]52'40.9'' W (NAD 83) in
Tonawanda, NY.
    (ii) Enforcement period. The fourth Sunday of July from 9 p.m. to
10:30 p.m. each year.
    (20) Celebrate Erie Fireworks, Erie, PA. (i) Location. All U.S.
waters of Presque Isle Bay within an 800 foot radius of land position
42[deg]08'19'' N, 080[deg]05'29'' W (NAD 83) in Erie, PA.
    (ii) Enforcement period. The third weekend of August from 9:45 p.m.
to 10:30 p.m. each year.
    (21) Conneaut Fourth of July Fireworks, Conneaut, OH. (i) Location.
All U.S. waters of Lake Erie within an 840 foot radius of position
41[deg]58'01.3'' N, 080[deg]33'39.5'' W (NAD 83) in Erie, PA.
    (ii) Enforcement period. The first Sunday of July from 9 p.m. to
11:30 p.m. each year.
    (22) Fairport Harbor Mardi Gras, Fairport, OH. (i) Location. All
U.S. waters of Lake Erie within a 350 foot radius of land position
41[deg]45'30'' N, 081[deg]16'18'' W (NAD 83) east of the harbor
entrance at Fairport Harbor Beach, OH.
    (ii) Enforcement period. The beginning of the second week of July
from 9 p.m. to 10:30 p.m. each year.
    (23) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH. (i)
Location. All U.S. waters of Lake Erie and Mentor Harbor within a 700
foot radius of land position 41[deg]43'36'' N, 081[deg]21'09'' W (NAD
83) in Mentor Harbor, OH.
    (ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. each
year.
    (24) Browns Football Halftime Fireworks, Cleveland, OH. (i)
Location. All U.S. waters of Cleveland Harbor and Lake Erie encompassed
by a line beginning at approximate land position 41[deg]30'49.4'' N,
081[deg]41'37.2'' W (the northwest corner of Burke Lakefront Airport);
continuing northwest to 41[deg]31'10.6'' N, 081[deg]41'53.0'' W; then
southwest to 41[deg]30'48.6'' N, 081[deg]42'30.9'' W (the northwest
corner of dock 28 at the Cleveland Port Authority) then northeast back
to the starting point at 41[deg]30'49.4'' N, 081[deg]41'37.2'' W (NAD
83).
    (ii) Enforcement period. On a Sunday during the second or third
Cleveland Browns home game each year. The Captain of the Port will
issue a Notice of Enforcement each year for this Browns Football
Halftime Fireworks' safety zone.
    (25) City of Cleveland 4th of July, Cleveland, OH. (i) Location.
All U.S. waters of Lake Erie and Cleveland Harbor within a 1,000 foot
radius of land position 41[deg]30'10'' N, 081[deg]42'36'' W (NAD 83) at
Dock 20 in Cleveland, OH.
    (ii) Enforcement period. July 4 from 9:30 p.m. to 11 p.m. each
year.
    (26) Cleveland Yachting Club Fireworks Display, Rocky River, OH.
(i) Location. All U.S. waters of the Rocky River and Lake Erie within a
560 foot radius of land position 41[deg]29'25.7'' N, 081[deg]50'18.5''
W (NAD 83), at Sunset Point on the western side of the mouth of the
Rocky River in Cleveland, OH.
    (ii) Enforcement period. The second Thursday of July from 9:15 p.m.
to 11 p.m. each year.
    (27) Sheffield Lake Fireworks, Sheffield Lake, OH. (i) Location.
All U.S. waters of Lake Erie within a 700 foot radius of land position
41[deg]29'26.2'' N, 082[deg]06'47.7'' W (NAD 83), at the lake front
area in Sheffield Lake, OH.
    (ii) Enforcement period. The second Friday of July from 9:30 p.m.
to 11 p.m. each year.
    (28) Lorain 4th of July Celebration Fireworks, Lorain, OH. (i)
Location. All U.S. waters of Lorain Harbor within a 1,400 foot radius
of land position 41[deg]28'35.5'' N, 082[deg]10'51.3'' W (NAD 83), east
of the harbor entrance on the end of the break wall near Spitzer's
Marina.
    (ii) Enforcement period. July 4 from 9:15 p.m. to 11 p.m. each
year.

    (29) Lorain Port Fest Fireworks Display, Lorain, OH. (i) Location.
All U.S. waters of Lorain Harbor within a 750 foot radius of land
position 41[deg]28'02.4'' N, 082[deg]10'21.9'' W (NAD 83) in Lorain,
OH.
    (ii) Enforcement period. The third weekend of July from 9:45 p.m.
to 11 p.m. each year.
    (30) Thunder of the Niagara Hydroplane boat races, North Tonawanda,
NY. (i) Location. All U.S. waters of Niagara River, near North
Tonawanda, NY within 2 miles of the North Grand Island Bridge,
encompassed by a line starting at 43[deg]03'32.95'' N,
078[deg]54'46.93'' W to 43[deg]03'14.55'' N, 078[deg]55'15.97'' W then
to 43[deg]02'39.72'' N, 078[deg]54'13.05'' W then to 43[deg]02'59.99''
N, 078[deg]53'41.99'' W and returning to the point of origin (NAD 83).
    (ii) Enforcement period. The second of weekend of August from 9
a.m. to 5 p.m. each year.
    (31) Antique Boat Show Hydroplane boat races, Grand Island, NY. (i)
Location. All waters of Niagara River, Grand Island, NY encompassed by
a line starting at position 42[deg]59'59'' N, 078[deg]56'22'' W, East
to 49[deg]59'54'' N,078[deg]56'14'' W, South to 42[deg]57'54'' N,
078[deg]56'04'' W, West to 42[deg]057'48'' N, 078[deg]56'22'' W and
returning to the point of origin (NAD 83)
    (ii) Enforcement period. The first weekend of September from 9 a.m.
to 4 p.m. each year.
    (32) D-Day Conneaut Air Show, Conneaut, OH. (i) Location. All U.S.
waters of Conneaut Township Park, Lake Erie, Conneaut, OH encompassed
by a line starting at 41[deg]57.71' N, 080[deg]34.18' W; to
41[deg]58.36'N, 080[deg]34.17' W; then to 41[deg]58.53' N,
080[deg]33.55' W; to 41[deg]58.03' N, 080[deg]33.72'W; and returning to
the point of origin. (NAD 83).
    (ii) Enforcement period. The third weekend of August from 1:45 p.m.
to 5:30 p.m. each year.
    (33) Bay Swim, Erie, PA. (i) Location. All U.S. waters of Presque
Isle Bay, Erie, PA within a 1000 feet of a line starting at Vista 3 in
Presque Isle State Park at position 42[deg]07'29.30'' N,
80[deg]08'48.82'' W and ending at to the Erie Yacht Club at position
42[deg]07'21.74'' N, 80[deg]07'58.30'' W (NAD 83).
    (ii) Enforcement period. The third week in June each year.
    (34) Rover Fest fireworks display, Cleveland, OH. (i) Location. All
U.S. waters of Lake Erie, Cleveland, OH within a 280 foot radius from
position 41[deg]30'34.23'' N and 081[deg]41' 55.73'' W (NAD 83).
    (ii) Enforcement period. The second or third weekend of July each
year.
    (35) Cleveland National Air show, Cleveland, OH. (i) Location. The
safety zone encompass the portion of Lake Erie and Cleveland Harbor
within a line originating near Burke Lakefront Airport from position
41[deg]30'20'' N and 081[deg]42'20'' W to 41[deg]30'50'' N and
081[deg]42'49'' W, to 41[deg]32'09'' N and 081[deg]39'49'' W, to
41[deg]31'53'' N and 081[deg]39'24'' W, then return to the original
position (NAD 83).
    (ii) Enforcement period. On the Friday before Labor Day through the
Wednesday following Labor Day with maximum daily times from 8 a.m. to 6
p.m. The daily time period will be reduced as operations permit.
    (b) Definitions. The following definitions apply to this section:
    (1) On-scene Representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Buffalo
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
    (c) Regulations. In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within is the
aforementioned safety zones are prohibited unless authorized by the
Captain of the Port Buffalo or his designated on-scene representative.
    (1) The safety zones described in paragraph (a) of this section are
closed to all vessel traffic, except as may be permitted by the Captain
of the Port Buffalo or his designated on-scene representative.
    (2) Vessel operators desiring to enter or operate within the safety
zones described in paragraph (a) of this section must contact the
Captain of the Port Buffalo or his on-scene representative to obtain
permission to do so. The Captain of the Port Buffalo or his on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in a safety zone must comply with
all directions given to them by the Captain of the Port Buffalo, or his
on-scene representative.
    (d) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Buffalo or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
    (f) Notification. The Captain of the Port Buffalo will notify the
public that the safety zones in this section are or will be enforced by
all appropriate means to the affected segments of the public through
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Additionally, the enforcement dates and times for each
of the safety zones listed above are subject to change, though the
duration of enforcement would remain the same or nearly the same total
number of hours as stated above. In either event, whether the safety
zones occur at the dates and times as stated above, or whether the date
or time of a safety zone changes, the Captain of the Port Buffalo will
similarly make such notification as described in this paragraph (f).
Such means of further notification may also include, but are not
limited to Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone is cancelled.

    Dated: June 12, 2014.
B. W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2014-15119 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Notices]
[Page 22569]
[FR Doc No: 2012-9014]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR12-20-000]

NorthWestern Corporation; Notice of Petition for Rate Approval

    Take notice that on April 2, 2012, NorthWestern Corporation
(NorthWestern) filed a Rate Election pursuant to 284.123(b)(1) of the
Commissions regulations and to revise its Statement of Operating
Conditions. NorthWestern proposes to utilize rates that are the same as
those contained in NorthWestern's transportation rate schedules for
comparable intrastate service on file with the South Dakota Public
Utilities Commission as more fully detailed in the petition.
    Any person desiring to participate in this rate 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 7 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Monday, April 16, 2012.

    Dated: April 4, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-9014 Filed 4-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39736-39738]
[FR Doc No: 2016-14310]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78047; File No. SR-NASDAQ-2016-077]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Eliminate Certain Fees Charged to Securities Listed on Nasdaq Under the
Rule 5700 Series

June 13, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 1, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to eliminate certain fees charged to
securities listed on Nasdaq under the Rule 5700 Series.
    The text of the proposed rule change is detailed below. Proposed
new language is italicized and proposed deletions are in brackets.

* * * * *
5930. Linked Securities, SEEDS, and Other Securities
    (a)-(b) No change.
[(c) Record-Keeping Fee
    A Company that makes a change such as a change to its name, the par
value or title of its security, or its symbol shall pay a fee of $2,500
to Nasdaq and submit the appropriate form as designated by Nasdaq.
(d) Substitution Listing Fee
    A Company that implements a Substitution Listing Event, including
the replacement of, or any significant modification to, the index,
portfolio, or Reference Asset underlying a security, shall pay a fee of
$5,000 to Nasdaq for each event or change and submit the appropriate
form as designated by Nasdaq.]

5940. Exchange Traded Products
    The fees in this Rule 5940 shall apply to securities listed under
the Rule 5700 Series where no other fee schedule is specifically
applicable. These securities include, but are not limited to, Portfolio
Depository Receipts, Index Fund Shares, Managed Fund Shares, and
NextShares.
    (a)-(b) No change.
[(c) Record-Keeping Fee
    A Company that makes a change such as a change to its name, the par
value or title of its security, or its symbol shall pay a fee of $2,500
to Nasdaq and submit the appropriate form as designated by Nasdaq.
(d) Substitution Listing Fee
    A Company that implements a Substitution Listing Event, including
the replacement of, or any significant modification to, the index,
portfolio, or Reference Asset underlying a security, shall pay a fee of
$5,000 to Nasdaq for each event or change and submit the appropriate
form as designated by Nasdaq.]

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

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

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

1. Purpose
    The purpose of the proposed rule change is to eliminate the fees
for record-keeping changes and substitution listing events charged to
Linked Securities, SEEDS, Other Securities, and Exchange Traded
Products listed on Nasdaq. These fees were adopted in November 2015,\3\
and, upon further reflection, Nasdaq has determined to remove them. The
proposed rule change would not affect the notice companies must give
Nasdaq about record-keeping changes or substitution listing events.\4\
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 76550 (December 3,
2015), 80 FR 76605 (December 9, 2015) (SR-NASDAQ-2015-146).
    \4\ Rule 5250(e)(3) defines a ``Record Keeping Change'' as any
change to a company's name, the par value or title of its security,
its symbol, or a similar change and requires a listed company to
provide notification to Nasdaq no later than 10 days after the
change. Rule 5005(a)(40) defines a ``Substitution Listing Event'' as
certain changes in the equity or legal structure of a company,
including the replacement of, or any significant modification to,
the index, portfolio or Reference Asset underlying a security listed
under the Rule 5700 Series (including, but not limited to, a
significant modification to the index methodology, a change in the
index provider, or a change in control of the index provider). Rule
5250(e)(4) requires a listed company to provide notification to
Nasdaq about a Substitution Listing Event no later than 15 calendar
days prior to the implementation of the event.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that this proposal is consistent with Section 6(b)
of the Act,\5\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\6\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among members and issuers and other persons using any facility
or system which the Exchange operates or controls. This proposal is, in
addition, not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \7\ Similarly, the
Justice Department has noted the intense competitive environment for
exchange listings.\8\
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    \7\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37499 (June 29, 2005).
    \8\ See ``NASDAQ OMX Group Inc. and IntercontinentalExchange
Inc. Abandon Their Proposed Acquisition Of NYSE Euronext After
Justice Department Threatens Lawsuit'' (May 16, 2011), available at
http://www.justice.gov/atr/public/press_releases/2011/271214.htm.
---------------------------------------------------------------------------

    Nasdaq believes that the proposed change to eliminate the recently
adopted fees for record-keeping changes and substitution listing events
charged to securities listed under the Rule 5700 Series is reasonable
because it is a competitive response to the fees of other exchanges and
issuers' reaction to Nasdaq's fee change.\9\
---------------------------------------------------------------------------

    \9\ BATS does not charge a fee for equivalent events. See
Chapter XIV of the Rules of the BATS Exchange and Rule 14.13 of the
BATS Exchange Listing Rules. NYSE Arca charges $2,500 for equivalent
events, but has recently modified other listing fees in connection
with the listing of Exchange Traded Products. See NYSE Arca
Equities: Listing Fees; Securities Exchange Act Release No. 77883
(May 23, 2016), 81 FR 33720 (May 27, 2016) (SR-NYSEArca-2016-69).
---------------------------------------------------------------------------

    Nasdaq also believes that the proposed change is an equitable
allocation and is not unfairly discriminatory because the Exchange will
apply the same fee to all similarly situated issuers. While issuers of
securities listed under the Rule 5700 Series will not be subject to
fees for record-keeping changes and substitution listing events, and
other companies will be subject to such fees, this difference is not
unfairly discriminatory.
    The proposed change merely reinstates a longstanding difference by
removing fees that were only recently adopted. This longstanding
difference is not unfairly discriminatory because the fees for
securities listed under the Rule 5700 Series are generally lower than
the listing fees for other types of issuers, reflecting the passive
nature of these issuers and the extreme focus on their expenses as a
means for various products to compete.\10\
---------------------------------------------------------------------------

    \10\ For example, entry fees for securities listed on the Nasdaq
Global Market under the Rule 5700 Series range from $5,000 to
$45,000 pursuant to Rules 5930 and 5940, whereas entry fees for
other companies listed on the Nasdaq Global Market range from
$125,000 to $225,000 pursuant to Rule 5910(a).
---------------------------------------------------------------------------

    Further, other companies that could pay fees for record-keeping
changes and substitution listing events had the option to avoid the fee
by electing to be on Nasdaq's all-inclusive annual fee, which
eliminates the fees for these events. Securities listed under the Rule
5700 Series do not, at this time, have the option to elect an all-
inclusive fee alternative. Nasdaq believes that the lower existing
fees, lack of an all-inclusive fee alternative, and competitive
considerations are reasonable, fair, and equitable reasons to charge
issuers of securities listed under the Rule 5700 Series different fees
than other Nasdaq-listed companies, including not charging them for
record-keeping changes and substitution listing events.
    The proposed change will not impact the resources available to
Nasdaq's regulatory program. In that regard, Nasdaq notes that these
fees were traditionally not charged to securities listed under the Rule
5700 Series and that there will be no significant decline

in expected revenue by eliminating the fees.

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

    The proposed rule change will not impose any burden on competition
not necessary or appropriate in furtherance of the purposes of the Act.
    The market for listing services is extremely competitive and listed
companies may easily list on competing venues if they deem fee levels
at a particular exchange to be excessive. In such an environment, the
Exchange must continually adjust its fees to remain competitive with
other exchanges.
    This rule proposal does not burden competition with other listing
venues, which are similarly free to set their fees, but rather reflects
the competition between listing venues and will further enhance such
competition. For these reasons, Nasdaq does not believe that the
proposed rule change will result in any burden on competition for
listings.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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

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-NASDAQ-2016-077 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-077.This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2016-077 and should
be submitted on or before July 8, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14310 Filed 6-16-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62790-62792]
[FR Doc No: 2016-21836]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]

Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America (Daimler)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of application for
exemption.

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SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for an exemption renewal for one
Daimler driver to drive commercial motor vehicles (CMV) in the United
States without possessing a commercial driver's license (CDL) issued by
one of the States. Dr. Wolfgang Bernhard is the

head of the Daimler Trucks and Buses Division who will test-drive
Daimler vehicles on U.S. roads to better understand product
requirements for these vehicles in ``real world'' environments and
verify results. He holds a valid German commercial license but lacks
the U.S. residency necessary to obtain a CDL issued by one of the
States. FMCSA believes that the process for obtaining a German-issued
CDL is comparable to or is effective as the U.S. CDL requirements and
ensures that this driver will likely achieve a level of safety that is
equivalent to or greater than the level of safety that would be
obtained in the absence of the exemption.

DATES: This exemption is effective August 29, 2016, and expires August
28, 2018.

ADDRESSES:
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, please contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
If you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2012-0032 in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the Internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
    Section 5206(a)(3) of the ``Fixing America's Surface Transportation
Act,'' (FAST Act), [Pub. L.114-94, 129 Stat.1312, 1537, Dec.4, 2015]
amended 49 U.S.C. 31315(b) by adding a new paragraph (2) which permits
exemptions for no longer than 5 years from their dates of inception,
instead of the previous 2 years. This statutory provision will be
codified in 49 CFR part 381 in a forthcoming rulemaking.

III. Request for Exemption

    Daimler requests a renewal of its exemption from 49 CFR 383.23,
which prescribes licensing requirements for drivers operating CMVs in
interstate or intrastate commerce, for the next 5 years for the chief
executive of its Trucks and Buses Division. Dr. Wolfgang Bernhard,
holds a valid German commercial license, but is unable to obtain a CDL
in any of the U.S. States due to residency requirements. A copy of the
request for renewal, dated February 22 and 23, 2016, is in the docket
identified at the beginning of this notice.
    FMCSA initially granted an exemption to Dr. Bernhard on August 29,
2014 (79 FR 51641). This exemption was effective August 29, 2014, and
expires August 29, 2016. Detailed information about the qualifications
and experience of Dr. Bernhard was provided by Daimler in its original
application, a copy of which is in the docket. Renewal of the exemption
will enable Dr. Bernhard to operate CMVs in interstate or intrastate
commerce to support Daimler field tests designed to meet future vehicle
safety and environmental requirements and to promote technological
advancements in vehicle safety systems and emissions reductions. Dr.
Bernhard needs to drive Daimler vehicles on public roads to better
understand ``real world'' environments in the U.S. market. According to
Daimler, Dr. Bernhard will typically drive for no more than 6 hours per
day for 2 consecutive days, and that 10 percent of the test driving
will be on two-lane state highways, while 90 percent will be on
interstate highways. The driving will consist of no more than 200 miles
per day, for a total of 400 miles during a two-day period on a
quarterly basis. He will in all cases be accompanied by a holder of a
U.S. CDL who is familiar with the routes to be traveled.
    Daimler has explained in prior exemption requests that the German
knowledge and skills tests and training program ensure that Daimler's
drivers operating under the exemption will achieve a level of safety
that is equivalent to, or greater than, the level of safety obtained by
complying with the U.S. requirement for a CDL. Furthermore, according
to Daimler, Dr. Bernhard is familiar with the operation of CMVs
worldwide.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    FMCSA has previously determined that the process for obtaining a
German commercial license is comparable to, or as effective as, the
requirements of part 383, and adequately assesses the driver's ability
to operate CMVs in the U.S. Since 2012, FMCSA has granted Daimler
drivers similar exemptions [May 25, 2012 (77 FR 31422); July 22, 2014
(79 FR 42626); March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR
60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR
79410)].

V. Public Comments

    On March 28, 2016, FMCSA published notice of this application and
requested public comment (81 FR 17242). No comments were submitted.

VI. FMCSA Decision

    Based upon the merits of this application, including Dr. Bernhard's
extensive driving experience and safety record, and the fact that he
has successfully completed the requisite training and testing to obtain
a German commercial license, FMCSA concluded that the exemption would
likely achieve a level of safety that is equivalent to or greater than
the level that would be achieved absent such exemption, in accordance
with Sec.  381.305(a).

VII. Terms and Conditions for the Exemption

    FMCSA grants Daimler and Dr. Wolfgang Bernhard an exemption from
the CDL requirement in 49 CFR 383.23 to allow Dr. Bernhard to drive
CMVs in this country without a U.S. State-issued CDL, subject to the
following terms and conditions: (1) The driver and carrier must comply
with all other applicable provisions of the Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR parts 350-399); (2) the driver must
be in possession of the exemption document and a valid German
commercial license; (3) the driver must be employed by and operate the
CMV within the scope of his duties for Daimler; (4) at all times while
operating a CMV under this exemption, the driver must be accompanied by
a holder of a U.S. CDL who is familiar with the routes traveled; (5)
Daimler must notify FMCSA in writing within 5 business days of any
accident, as defined in 49 CFR 390.5, involving this driver; and (6)
Daimler must notify FMCSA in writing if this driver is convicted of a
disqualifying offense under Sec.  383.51 or Sec.  391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 5 years unless revoked earlier by the FMCSA. The exemption
will be revoked if (1) Dr. Bernhard fails to comply with the terms and
conditions of the exemption; (2) the exemption results in a lower level
of safety than was maintained before it was granted; or (3)
continuation of the exemption would be inconsistent with the goals and
objectives of 49 U.S.C. 31315 and 31136.

VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate or intrastate
commerce that conflicts with or is inconsistent with this exemption
with respect to a firm or person operating under the exemption.

    Issued on: August 31, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-21836 Filed 9-9-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Page 84608]
[FR Doc No: 2016-28139]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0022]

Technical Mapping Advisory Council

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee management; Notice of Federal Advisory Committee
meeting.

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SUMMARY: The Federal Emergency Management Agency (FEMA) Technical
Mapping Advisory Council (TMAC) will meet in person on December 13-14,
2016 in Arlington, Virginia. The meeting will be open to the public.

DATES: The TMAC will meet on Tuesday, December 13, 2016 from 8:00 a.m.-
5:30 p.m. Eastern Standard Time (EST), and Wednesday, December 14, 2016
from 8:00 a.m.-5:00 p.m. EST. Please note that the meeting will close
early if the TMAC has completed its business.

ADDRESSES: The meeting will be held at 3101 Wilson Boulevard,
Arlington, Virginia, 22201. Members of the public who wish to attend
the meeting must register in advance by sending an email to<EMAIL_ADDRESS>(Attention: Mark Crowell) by 11:00 p.m. EST on
Tuesday, December 6, 2016. Members of the public must check in at the
front desk on the ground floor of 3101 Wilson Boulevard, Arlington,
Virginia, 22201 and photo identification is required. For information
on facilities or services for individuals with disabilities or to
request special assistance at the meeting, contact the person listed in
FOR FURTHER INFORMATION CONTACT below as soon as possible.
    To facilitate public participation, members of the public are
invited to provide written comments on the issues to be considered by
the TMAC, as listed in the SUPPLEMENTARY INFORMATION section below.
Associated meeting materials will be available at www.fema.gov/TMAC for
review by Tuesday, December 6, 2016. Written comments to be considered
by the committee at the time of the meeting must be submitted and
received by Wednesday, December 7, 2016, identified by Docket ID FEMA-
2014-0022, and submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email: Address the email TO<EMAIL_ADDRESS>and
CC<EMAIL_ADDRESS>Include the docket number in the subject
line of the message. Include name and contact detail in the body of the
email.
     Mail: Regulatory Affairs Division, Office of Chief
Counsel, FEMA, 500 C Street SW., Room 8NE, Washington, DC 20472-3100.
    Instructions: All submissions received must include the words
``Federal Emergency Management Agency'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
Docket: For docket access to read background documents or comments
received by the TMAC, go to http://www.regulations.gov and search for
the Docket ID FEMA-2014-0022.
    A public comment period will be held on Tuesday, December 13, 2016,
from 4:00 p.m. to 4:30 p.m. EST and again on Wednesday, December 14,
2016, from 3:00 to 3:30 p.m. EST. Speakers are requested to limit their
comments to no more than three minutes. The public comment period will
not exceed 30 minutes. Please note that the public comment period may
end before the time indicated, following the last call for comments.
Contact the individual listed below to register as a speaker by close
of business on Thursday, December 8, 2016.

FOR FURTHER INFORMATION CONTACT: Mark Crowell, Designated Federal
Officer for the TMAC, FEMA, 400 C Street SW., Washington, DC 20024,
telephone<PHONE_NUMBER>, and email<EMAIL_ADDRESS>The TMAC
Web site is: http://www.fema.gov/TMAC.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. Appendix.
    As required by the Biggert-Waters Flood Insurance Reform Act of
2012, the TMAC makes recommendations to the FEMA Administrator on: (1)
How to improve, in a cost-effective manner, the (a) accuracy, general
quality, ease of use, and distribution and dissemination of flood
insurance rate maps and risk data; and (b) performance metrics and
milestones required to effectively and efficiently map flood risk areas
in the United States; (2) mapping standards and guidelines for (a)
flood insurance rate maps, and (b) data accuracy, data quality, data
currency, and data eligibility; (3) how to maintain, on an ongoing
basis, flood insurance rate maps and flood risk identification; (4)
procedures for delegating mapping activities to State and local mapping
partners; and (5)(a) methods for improving interagency and
intergovernmental coordination on flood mapping and flood risk
determination, and (b) a funding strategy to leverage and coordinate
budgets and expenditures across Federal agencies. Furthermore, the TMAC
is required to submit an annual report to the FEMA Administrator that
contains: (1) A description of the activities of the Council; (2) an
evaluation of the status and performance of flood insurance rate maps
and mapping activities to revise and update Flood Insurance Rate Maps;
and (3) a summary of recommendations made by the Council to the FEMA
Administrator.
    Agenda: During the two-day meeting, TMAC members will receive
briefings from subject matter experts, and will present and deliberate
on the draft content and potential recommendations to be incorporated
in the TMAC 2016 Annual Report. In addition, the TMAC members will
identify and coordinate on the TMAC's next steps for Annual Report
production. A brief public comment period will take place each day
during the meeting and will occur prior to any vote. The full agenda
and related briefing materials will be posted for review by December 7,
2016 at http://www.fema.gov/TMAC.

    Dated: November 9, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Federal
Emergency Management Agency.
[FR Doc. 2016-28139 Filed 11-22-16; 8:45 am]
 BILLING CODE 9110-12-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 6, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2002-13526

________________________________________________________________________
______________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of Brendan Airways, LLC, d/b/a USA 3000 Airlines   filed
6/17/04 to:

XX   Renew exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail from
points behind the United States via the United States and intermediate
points to a point or points in the Dominican Republic and beyond.

Applicant rep: Pierre Murphy,<PHONE_NUMBER>    DOT Analyst:  Sylvia
Moore,<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted in part (see remarks)

XX  Balanced dismissed (see remarks)

XX  Granted route integration authority sua sponte (subject to
conditions, see below)

The above action was effective when taken:   July 6, 2004 through   July
6, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with aviation agreement between
the United States and the Dominican Republic and the overall state of
aviation relations with the United States and the Dominican Republic.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX  Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

Conditions:  The authority to serve intermediate and beyond points is
limited to countries with which the United States has signed open-skies
agreements and/or countries for which the carrier holds authority to
serve under certificates or exemptions issued by the Department, and for
which it holds route integration authority by virtue of this action or
other action of the Department.

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in award of the route
integration authority granted should be construed as conferring upon USA
3000 rights (including fifth-freedom intermediate and/or beyond rights)
to serve markets where U.S. carrier entry is limited unless USA 3000
notifies the Department of its intent to serve such a market and unless
and until the Department has completed any necessary carrier selection
procedures to determine which carrier(s) should be authorized to
exercise such rights; and (b) should there

2

be a request by any carrier to use the limited-entry route rights that
are included in USA 3000's authority by virtue of the route integration
exemption granted here, but that are not then being used by USA 3000,
the

holding of such authority by route integration will not be considered as
providing any preference for USA 3000 in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

Remarks:  We dismissed USA 3000’s application to the extent that it
requests authority behind the United States.  The authority to conduct
operations from points behind the United States is inherent in the
authority the Department awards U.S. carriers to perform foreign air
transportation.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our

action was consistent with Department policy; (2) grant of the exemption
authority was consistent with the public interest; and (3) grant of the
authority would not constitute a major regulatory action under the
Energy Policy and Conservation Act of 1975.  To the extent not granted,
we denied all requests in the referenced Docket.  We may amend, modify,
or revoke the authority granted in this Notice at any time without
hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										  05/2004


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

			Issued by the Department of Transportation on January 29, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2001-11127

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant: Thai Airways International Public Company Limited		Date
Filed:  December 30, 2003

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to conduct
scheduled foreign air transportation of persons, property and mail
between Bangkok and the coterminal points New York and Washington, DC,
via Tokyo on a blind sector basis, on a code-share basis only.  (Thai
conducts these operations pursuant to a code-share arrangement with All
Nippon Airways.)

If renewal, date and citation of last action:  January 3, 2003, in this
docket

Applicant representative: Cathleen P. Peterson<PHONE_NUMBER>		DOT
analyst:  Shelita Smith<PHONE_NUMBER>

Responsive pleadings:  None

	DISPOSITION

Action:  Approved									Action date:  January 29, 2004

Effective dates of authority granted:  January 29, 2004 – January 29,
2005

Basis for approval (bilateral agreement/reciprocity):  U.S.-Thailand Air
Services Agreement, and May 1996 U.S.-

Thailand Memorandum of Understanding

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

_X_ Standard exemption conditions (attached)        _X_ Foreign air
carrier permit conditions (Order 80-9-74)

  X_ Statement of authorization for All Nippon Airways and Thai Airways
code-share operations dated

December 20, 2001, in this docket and conditions therein.

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
____________________________________________________________

We found that the applicant was qualified to perform its proposed
operations.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that  (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

08/2003


[Federal Register: April 11, 2006 (Volume 71, Number 69)]
[Notices]
[Page 18307]
[DOCID:fr11ap06-70]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-284-000]

Horizon Pipeline Company, L.L.C.; Notice of Refund Report

April 4, 2006.
    Take notice that on March 31, 2006, Horizon Pipeline Company,
L.L.C. (Horizon) filed its Refund Report regarding the penalty
revenues, for the period January 1, 2005 through December 31, 2005,
that it refunded to its customers pursuant to section 10.7 of the
General Terms and Conditions (GT&C) of its FERC Gas Tariff, Original
Volume No. 1.
    Horizon states that copies of the filing are being mailed to its
customers and interested state commissions.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before the date as indicated below. On or before
the comment date, it is not necessary to serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests 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 to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online 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>.
    Protest Date: 5 p.m. Eastern Time April 11, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5298 Filed 4-10-06; 8:45 am]

BILLING CODE 6717-01-P