[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Proposed Rules]
[Pages 48122-48124]
[FR Doc No: 2020-17362]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0680; Product Identifier 2020-NM-079-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2016-25-29, which applies to certain The Boeing Company Model 767-200
and -300 series airplanes. AD 2016-25-29 requires replacing the cargo
compartment insulation blankets on the left and right sides with new
insulation blankets that incorporate fire stops. Since the FAA issued
AD 2016-25-29, it was determined that an incorrect part number was
specified for certain insulation blankets, and the FAA has determined
that additional insulation blankets need to be replaced and that
additional airplanes are subject to the unsafe condition. This proposed
AD would continue to require the actions in AD 2016-25-29 for certain
airplanes. This proposed AD would also add airplanes to the
applicability and would require a general visual inspection of the
replacement insulation blankets to determine if the blankets are in
serviceable condition and correctly installed, and applicable on-
condition actions. For certain airplanes, this AD would also require an
inspection to determine the insulation blanket part number installed;
replacement of additional insulation blankets; and applicable on-
condition actions. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
24, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0680.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0680; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Julie Linn, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0680;
Product Identifier 2020-NM-079-AD'' at the beginning of your comments.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this NPRM because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2016-25-29, Amendment 39-18755 (81 FR 94956,
December 27, 2016) (``AD 2016-25-29''), for certain The Boeing Company
Model 767-200 and -300 series airplanes. AD 2016-25-29 requires
replacing the cargo compartment

insulation blankets on the left and right sides with new insulation
blankets that incorporate fire stops. AD 2016-25-29 resulted from a
report of a fire in the bilge area of the cargo compartment that burned
through the insulation blankets that were intended to prevent smoke
from migrating behind the cargo compartment sidewall liners and upward
into the main cabin. The FAA issued AD 2016-25-29 to address a fire in
the bilge area of the cargo compartment burning through the insulation
blankets and consequently allowing smoke to migrate behind the cargo
compartment sidewall liners and upward into the main cabin.

Actions Since AD 2016-25-29 Was Issued

    Since the FAA issued AD 2016-25-29, it was determined that an
incorrect part number was specified for certain insulation blankets.
Based on those findings, the FAA determined that certain insulation
blankets that were replaced, as required by AD 2016-25-29, must be
replaced with those having the improved design. In addition, the FAA
determined that additional insulation blankets need to be replaced and
that additional airplanes are subject to the unsafe condition.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 767-25-
0550, Revision 1, dated December 4, 2019. The service information
describes procedures for replacing cargo compartment insulation
blankets between stringers 29 and 33, on the left and right sides, with
new insulation blankets that incorporate fire stops; an inspection to
determine the insulation blanket part number installed between
stringers 29 and 33, on the left and right sides; a general visual
inspection of the replacement insulation blankets between stringers 29
and 33, on the left and right sides to determine if the blankets are in
serviceable condition and correctly installed; and applicable on-
condition actions. On-condition actions include repair, replacement,
and correction of insulation blanket installations.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2016-25-29, this proposed AD would retain certain of
the requirements of AD 2016-25-29. Those requirements are referenced in
the service information identified previously, which, in turn, is
referenced in paragraph (g) of this proposed AD. This proposed AD would
add airplanes to the applicability. This proposed AD would also require
accomplishment of the actions identified as ``RC'' (required for
compliance) in the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 767-25-0550, Revision 1, dated December 4,
2019, described previously.
    For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0680.

Costs of Compliance

    The FAA estimates that this proposed AD affects 329 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Replacement (retained actions     Up to 54 work-      *.................  Up to $4,590......  Up to $1,510,110.
 from AD 2016-25-29).              hours x $85 per
                                   hour = Up to
                                   $4,590.
Inspections and replacements      Up to 62 work-hour  Up to $35,900.....  Up to $41,170.....  Up to $13,944,530.
 (new proposed action).            x $85 per hour =
                                   Up to $5,270.
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* The FAA has received no definitive data that would enable providing parts cost estimates for the retained
  actions specified in this proposed AD.

    The FAA has received no definitive data that would enable us to
provide cost estimates for the on-condition actions specified in this
proposed AD.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all available
costs in our cost estimate.

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.
    The FAA is 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

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 Airworthiness Directive (AD)
2016-25-29, Amendment 39-18755 (81 FR 94956, December 27, 2016), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2020-0680; Product Identifier
2020-NM-079-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 24,
2020.

(b) Affected ADs

    This AD replaces AD 2016-25-29, Amendment 39-18755 (81 FR 94956,
December 27, 2016) (``AD 2016-25-29'').

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as
identified in Boeing Special Attention Service Bulletin 767-25-0550,
Revision 1, dated December 4, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of a fire in the bilge area of
the cargo compartment that burned through the insulation blankets
that were intended to prevent smoke from migrating behind the cargo
compartment sidewall liners and upward into the main cabin. The FAA
is issuing this AD to address a fire in the bilge area of the cargo
compartment, which if not contained could lead to a possible smoke
and fire event in the passenger compartment.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Special Attention Service Bulletin 767-25-0550, Revision 1,
dated December 4, 2019, do all applicable actions identified as
``RC'' (required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-25-0550, Revision 1, dated December 4, 2019.

(h) Exception to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 767-25-0550,
Revision 1, dated December 4, 2019, uses the phrase ``the Revision 1
date of this service bulletin,'' this AD requires using ``the
effective date of this AD.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (j)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for AD 2016-25-29 are approved as
AMOCs for the corresponding provisions of Boeing Special Attention
Service Bulletin 767-25-0550, Revision 1, dated December 4, 2019,
that are required by paragraph (g) of this AD.
    (5) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(5)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    (1) For more information about this AD, contact Julie Linn,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on July 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-17362 Filed 8-7-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Notices]
[Page 18829-18830]
[DOCID:fr13ap10-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-34-000]

East Cheyenne Gas Storage, LLC; Notice of Availability of the
Environmental Assessment for the Proposed East Cheyenne Gas Storage
Project

April 6, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the East
Cheyenne Gas Storage Project proposed by East Cheyenne Gas Storage, LLC
(East Cheyenne) in the above referenced docket. East Cheyenne requests
authorization to convert two substantially depleted oil production
reservoirs in Logan County, Colorado to natural gas storage. The
purpose of the project is to provide natural gas storage capacity to
interstate shippers of natural gas.
    The EA assesses the potential environmental effects of the
construction and operation of the East Cheyenne Gas Storage Project in
accordance with the requirements of the National Environmental Policy
Act of 1969. 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 proposed Project includes the following facilities:
     Ten gas injection/withdrawal (I/W) wells to be drilled
from six new well pads;
     A Process Facility with compression facilities for I/W of
natural gas;
     Approximately 66,000 feet of 4- to 24-inch-diameter
pipelines connecting the wellheads to the Process Facility area;
     Two header pipelines (16-inch and 24-inch-diameter) to be
constructed within a single corridor interconnecting with the Rockies
Express Pipeline LLC and Trailblazer Pipeline Company LLC pipeline
systems;
     Metering facilities; and
     Temporary compression and ancillary facilities necessary
to perform I/W activities.
    The EA has been placed in the public files of the FERC and is
available for public viewing on the FERC's Web site at http://
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,<PHONE_NUMBER>.
    Copies of the EA have been mailed to federal, state, and local
government representatives and agencies; elected officials; Native
American tribes; potentially affected landowners and other interested
individuals and groups; newspapers and libraries in the project area;
and parties to this proceeding.
    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 your comments are properly recorded and considered prior to
a Commission decision on the proposal, it is important that the FERC
receives your comments in Washington, DC on or before May 6, 2010.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances please reference the
project docket number (CP10-34-000) with your submission. The
Commission encourages electronic filing of comments and has dedicated
eFiling expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Web site at
http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at http://
www.ferc.gov under the link to Documents and Filings. eFiling involves
preparing your submission in the same manner as you would if filing on
paper, and then saving the file on your computer's hard drive. You will
attach that file as your submission. New eFiling users must first
create an account by clicking on ``Sign up'' or ``eRegister.'' You will
be asked to select the type of filing you are making. A comment on a
particular project is considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.
    Although your comments will be considered by the Commission, simply
filing comments will not serve to make the commentor a party to the
proceeding. 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.
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    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.

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    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    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 (http://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., CP10-34). 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 http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-8355 Filed 4-12-10; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I was a slave to combustable cigarettes for 30 years and finally quit smoking 9 months ago thanks to the help of e-cigarette. I have tried many cessation products on the market including the "cold turkey" method; e-cigarettes were the only successful method that have worked for me. I can breath again, taste food, exercise and enjoy a quality of life I never thought possible.  I wish to provide further detailed information on my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register: June 19, 2008 (Volume 73, Number 119)]
[Notices]
[Page 34925]
[DOCID:fr19jn08-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PL08-2-000]

Obtaining Guidance on Regulatory Requirements; Notice of
Compliance Help Desk Implementation

June 12, 2008.
    On May 15, 2008, the Commission issued an order in this proceeding
directing the implementation of a compliance help desk on the
Commission's Web site to provide a mechanism to submit questions
regarding compliance with the statutes, rules, regulations and tariffs
administered by the Commission. The compliance help desk is operational
and can be found at http://www.ferc.gov/contact-us/compliance-help-
desk.asp. A link to the compliance help desk can also be found on the
home page of the Commission's Web site, http://www.ferc.gov.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-13811 Filed 6-18-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]
[Page 59294-59296]
[DOCID:fr17no09-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60969; File No. SR-NYSE-2009-96]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving a Proposed Rule Change, as Modified by Amendment No. 2
Thereto, Permitting Affiliation With NYFIX Millennium LLC and NYFIX
Securities Corporation

November 9, 2009.

I. Introduction

    On September 22, 2009, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') a proposed rule change, pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder,\2\ proposing that the Exchange be affiliated with two
registered broker-dealer subsidiaries of

NYFIX, Inc. (``NYFIX''), NYFIX Millennium L.L.C. (``NYFIX Millennium'')
and NYFIX Securities Corporation (``NYFIX Securities''), for a period
not to exceed six months and subject to certain limitations and
obligations. The proposed rule change was published for comment in the
Federal Register on October 5, 2009.\3\ On November 5, 2009, NYSE filed
Amendment No. 1 to the proposed rule change, and the Exchange withdrew
Amendment No. 1 to the proposed rule change on November 6, 2009. On
November 9, 2009, NYSE filed Amendment No. 2 to the proposed rule
change.\4\ The Commission received no comments on the proposal. This
order approves the proposed rule change as modified by Amendment No. 2.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 60737 (September 29,
2009), 74 FR 51209 (``Notice'').
    \4\ In Amendment No. 2, the Exchange clarified that, with
respect to the conditions on the Exchange's affiliation with NYFIX
Millennium and NYFIX Securities, references to NYFIX also refer to
its subsidiaries, NYFIX Millennium and NYFIX Securities. This
technical amendment does not require notice and comment, as it did
not materially affect the substance of the rule filing.
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II. Overview

    On August 26, 2009, NYSE Technologies entered into an Agreement and
Plan of Merger (``Merger Agreement'') with NYFIX and CBR Acquisition
Corp., a Delaware corporation and a wholly owned subsidiary of NYSE
Technologies. Under the terms of the Merger Agreement, CBR Acquisition
Corp. will merge with and into NYFIX, with NYFIX surviving the merger
as a direct wholly owned subsidiary of NYSE Technologies (``Merger'').
Following the Merger, both the Exchange and NYFIX will be indirect
wholly owned subsidiaries of NYSE Euronext. Consequently, NYFIX, and
its subsidiaries NYFIX Millennium and NYFIX Securities, will be
affiliates of the Exchange.
    As a result of the Merger, NYSE Technologies will acquire, among
other things, NYFIX's Transaction Services Division. In the U.S., the
Transaction Services Division is currently composed of two U.S.
registered broker-dealer subsidiaries: NYFIX Millennium, which is also
an alternative trading system registered under Regulation ATS under the
Act;\5\ and, NYFIX Securities. In addition to other services provided
by NYFIX Millennium and NYFIX Securities, (1) NYFIX Millennium provides
routing of orders that are not matched within the NYFIX Millennium
matching system to marketplaces such as exchanges, electronic
communication networks, and ATSs, which are not operated by NYFIX; and
(2) NYFIX Securities provides direct electronic market access and
algorithmic trading products (together, ``Routing Services'').
---------------------------------------------------------------------------

    \5\ 17 CFR 242.300-303.
---------------------------------------------------------------------------

    The Exchange proposes to be affiliated with NYFIX Millennium and
NYFIX Securities for a period not to exceed six months and subject to
certain terms and conditions that the Exchange believes effectively
address concerns regarding the (1) the potential for conflicts of
interest where an exchange is affiliated with a broker-dealer
conducting an order routing business that may interact with the
Exchange itself, and (2) the potential for informational advantages
that could place such an affiliated broker-dealer at a competitive
advantage in comparison with other non-affiliated broker-dealers.

III. Discussion and Commission Findings

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\6\ In particular, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\7\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices; to promote just and equitable principles of trade; to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, and processing information with respect to, and
facilitating transactions in securities; to remove impediments to and
perfect the mechanism of a free and open market and a national market
system; and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In the past, the Commission has expressed concern that the
affiliation of an exchange with one of its members raises potential
conflicts of interest and the potential for unfair competitive
advantage.\8\ The proposed relationship raises similar concerns in that
the Exchange will be affiliated with two broker-dealers that provide
Routing Services for orders that may be routed to the Exchange in
competition with Exchange members. The Exchange has requested that the
Commission approve its proposed affiliation with NYFIX Millennium and
NYFIX Securities on a temporary basis, not to exceed six months,
subject to certain conditions designed to address such concerns.
---------------------------------------------------------------------------

    \8\ See, e.g., Securities Exchange Act Release Nos. 54170 (July
18, 2006), 71 FR 42149 (July 25, 2006) (SR-NASDAQ-2006-006) (order
approving Nasdaq's proposal to adopt Nasdaq Rule 2140, restricting
affiliations between Nasdaq and its members); 53382 (February 27,
2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77) (order
approving combination of NYSE and Archipelago Holdings, Inc.); 58673
(September 29, 2008), 73 FR 57707 (October 3, 2008) (SR-Amex-2008-
62) (order approving acquisition of the American Stock Exchange by
NYSE Euronext); 59135 (December 22, 2008), 73 FR 79954 (December 30,
2008) (SR-ISE-2009-85) (order approving the purchase by ISE Holdings
of an ownership interest in DirectEdge Holdings LLC); and 59281
(January 22, 2009), 74 FR 5014 (January 28, 2009) (SR-NYSE-2008-120)
(order approving a joint venture between NYSE and BIDS Holdings
L.P.).
---------------------------------------------------------------------------

    Specifically, so long as the Exchange is affiliated with NYFIX
Millennium or NYFIX Securities and with respect to the Routing Services
provided by each: \9\
---------------------------------------------------------------------------

    \9\ For the conditions set forth below, references to NYFIX also
refer to its subsidiaries NYFIX Millennium and NYFIX Securities. See
Amendment No. 2, supra note 4.
---------------------------------------------------------------------------

    (1) Neither NYFIX Millennium nor NYFIX Securities are members of
the Exchange nor will they become members of the Exchange;
    (2) NYFIX does not offer order routing services other than the
Routing Services, and none of the Routing Services will be modified
unless such modification is approved by the Commission;
    (3) NYFIX will not engage in proprietary trading;
    (4) NYFIX will not accept any new clients for the Routing Services
after the Merger;
    (5) There will continue to be independent functionality of, and
full public access to, NYSE facilities; and
    (6) There will be a complete separation between NYFIX, on the one
hand, and the Exchange and its affiliates, on the other (e.g., no
shared office space, no shared employees, no shared systems).
    The Exchange may furnish to NYFIX the same information on the same
terms that the Exchange makes available in the normal course of
business to any other person. Specifically:
    (a) NYFIX must not be provided an information advantage concerning
the operation of the Exchange or any of its facilities, particularly
regarding changes and improvements to the trading systems, that are not
available to the industry generally.
    (b) NYFIX will be prevented from having any advance knowledge of
proposed changes or modifications to the operations of the Exchange or
its facilities, including but not limited to advance knowledge of
related filings by

the Exchange pursuant to Rule 19b-4 of the Act.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78a.
---------------------------------------------------------------------------

    (c) NYFIX will not share employees or databases with the Exchange,
any facility of the Exchange, or any other affiliate of the Exchange or
their facilities, and will be housed in a separate office.
    (d) NYFIX will only be notified of any changes or improvements to
any of the Exchange's operations or trading facilities in the same
manner that other persons are notified of such changes or improvements;
    (e) NYFIX will not disclose any system or design specifications, or
any other information, to any employees of the Exchange, any facility
of the Exchange, or any other affiliate of the Exchange or their
facilities that would give NYFIX an unfair advantage over its
competitors.
    (f) None of the Exchange, any facility of the Exchange, or any
other affiliate of the Exchange or their facilities will disclose any
system or design specifications, or any other information, to any
employees of NYFIX or any affiliate of NYFIX that would give the
Exchange, any other facility of the Exchange, any other affiliate of
the Exchange, or NYFIX an unfair advantage over its competitors.
    The Commission also notes that each of NYFIX Millenium and NYFIX
Securities has the Financial Industry Regulatory Authority (``FINRA''),
an unaffiliated self-regulatory organization (``SRO''), as its
designated examining authority and neither broker-dealer is a member of
the Exchange.\11\
---------------------------------------------------------------------------

    \11\ See Notice.
---------------------------------------------------------------------------

    The Commission finds that the temporary proposed affiliation
between the Exchange and NYFIX Millennium and NYFIX Securities,
pursuant to the proposed terms and conditions, is consistent with the
Act, particularly Section 6(b)(5) thereunder.\12\ The Commission
continues to be concerned about potential unfair competition and
conflicts of interest when an exchange, or one of its affiliates, is
the parent company of a broker-dealer that provides Routing Services
that may be in competition with services provided by members of that
exchange. The Commission believes, however, that the temporary nature
of the affiliation, together with the proposed terms and conditions,
are reasonably designed to mitigate concern about potential unfair
competition and conflicts of interest between the commercial interests
of the Exchange or its affiliates, and the Exchange's regulatory
responsibilities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-NYSE-2009-96), as amended,
is hereby approved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27501 Filed 11-16-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Page 13371]
[FR Doc No: 2015-05690]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2744-000]

North East Wisconsin Hydro, LLC; Notice of Authorization for
Continued Project Operation

    On February 28, 2013 the North East Wisconsin Hydro, LLC, licensee
for the Menominee-Park Mill Hydroelectric Project, filed an Application
for a New License pursuant to the Federal Power Act (FPA) and the
Commission's regulations thereunder. The Menominee-Park Mill
Hydroelectric Project is located on Menominee River in Marinette
County, Wisconsin and in Menominee County, Michigan.
    The license for Project No. 2744 was issued for a period ending
February 28, 2015. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 2744 is issued to
the licensee for a period effective March 1, 2015 through February 29,
2016 or until the issuance of a new license for the project or other
disposition under the FPA, whichever comes first. If issuance of a new
license (or other disposition) does not take place on or before
February 29, 2016, notice is hereby given that, pursuant to 18 CFR
16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that the licensee, North East Wisconsin Hydro, LLC, is
authorized to continue operation of Menominee-Park Mill Hydroelectric
Project, until such time as the Commission acts on its application for
a subsequent license.

    Dated: March 4, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-05690 Filed 3-12-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Notices]
[Page 22790-22791]
[DOCID:fr14my09-86]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59892; File No. SR-CBOE-2009-027]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Fee Changes

May 8, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934, 15 U.S.C. 78s(b)(1), notice is hereby given that on April 30,
2009, Chicago Board Options Exchange, Incorporated (``CBOE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by CBOE. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.

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

    Chicago Board Options Exchange, Incorporated (``CBOE'' or
``Exchange'') proposes to amend its Fees Schedule to (i) waive the
customer transaction fee for orders of a certain size in options on
exchange-traded funds (``ETFs'') and Holding Company Depositary
Receipts (``HOLDRs''), (ii) reduce the fee for use of a Floor Broker
Workstation, and (iii) waive member dues for certain members. The text
of the proposed rule change is available on the Exchange's Web site
(http://www.cboe.org/legal), at the Exchange's Office of the Secretary
and at the Commission.

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

    In its filing with the Commission, CBOE 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. CBOE 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 Exchange proposes to institute the following fee changes
effective May 1, 2009:
Waiver of Customer Transaction Fee in ETF and HOLDRs Options
    Customer orders in ETF and HOLDRs options are charged a transaction
fee of $.18 per contract, except that only certain customer complex
orders in QQQQ options are assessed a transaction fee.\1\ The Exchange
proposes to waive the transaction fee on all customer orders of 99
contracts or less in ETF and HOLDRs options. The Exchange would charge
any leg of a complex order in ETF and HOLDRs options that exceeds 99
contracts, even if the leg is only partially executed below the 99
contract threshold.\2\ For example, if a member enters a spread order
in an ETF or HOLDRs option to buy 50 contracts and sell 100 contracts,
and 90 contracts of the 100 contract leg are executed, the Exchange
would charge the member $.18 per contract for the 90 contracts that
were executed.
---------------------------------------------------------------------------

    \1\ Customer complex orders in QQQQ options that take liquidity
from the complex order book are assessed $.18 per contract. See CBOE
Fees Schedule, Section 1 and Footnote 12.
    \2\ The Exchange notes that the transaction fee waiver is based
on the size of the order that is entered and not on the number of
contracts that are executed, i.e., the fee waiver would apply only
if the size of the order entered is 99 contracts or less. For
example, if a member enters an order for 200 contracts in an ETF
option and only 50 contracts are executed, the Exchange would charge
the member the standard ETF option customer transaction fee ($.18/
contract) for the 50 contracts that were executed. The fee waiver
would not apply in that case. If, for example, a member enters an
order for 90 contracts in an ETF option and all or a portion of the
order is executed, the member would not be charged any transaction
fee. See email from Jaime Galvan, Assistant Secretary, CBOE, to Sara
Hawkins, Special Counsel, Commission, dated May 6, 2009.
---------------------------------------------------------------------------

Reduction of Floor Broker Workstation Fee
    The Floor Broker Workstation (FBW) is a system for electronically
entering and electronically managing orders on the Exchange floor. The
Exchange currently assesses a fee of $355 per month per login ID for
use of an FBW. The Exchange proposes to reduce this fee to $200 per
month per login ID.
Waiver of Member Dues for Certain Members
    CBOE assesses dues with respect to every membership (unless a
member is assessed the Hybrid Electronic Quoting Fee, in which case the
member does not pay member dues).\3\ Under Rule 3.17(c), the membership
lease agreement between a lessor member and a lessee member designates
who is responsible for Exchange dues, fees and other charges.
Typically, leases provide that the lessee is responsible for dues and
therefore lessors do not pay dues.
---------------------------------------------------------------------------

    \3\ Member dues are $450 per month. See CBOE Fees Schedule,
Section 10.
---------------------------------------------------------------------------

    Under the lessor compensation component of the Interim Trading
Permit (``ITP'') program, the Exchange compensates a lessor for an
``open lease'' while the ITP program is active and ITPs are
outstanding.\4\ The goal of this component of the ITP program is to put
such a lessor in a similar position to if the lessor's membership was
leased. This goal would be frustrated if the lessor is charged dues
because the lessor would be subject to an obligation the lessor would
not otherwise be subject to if the lessor's membership was leased.
---------------------------------------------------------------------------

    \4\ The ITP program is a program pursuant to which the Exchange
has the authority to issue up to 50 ITPs. The ITP program is
governed by CBOE Rule 3.27. The lessor compensation component of the
ITP program is described in CBOE Rule 3.27(d). An ``open lease'' is
defined in Rule 3.27(d) as a transferable Exchange membership
available for lease.
---------------------------------------------------------------------------

    Consistent with this goal, the Exchange proposes to waive member
dues for a lessor member for any month in which the lessor receives a
payment from the Exchange for an open lease under the ITP program. The
Exchange would not waive member dues for any lessor with an open lease
who has not notified the Exchange of the open lease or otherwise
complied with Exchange Rule 3.27.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Securities Exchange Act of 1934 (``Act''),\5\ in
general, and furthers the objectives of Section 6(b)(4) \6\ of the Act
in particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among CBOE
members and other persons using its facilities. The Exchange believes
the fee changes proposed by this filing are equitable and reasonable in
that, with regard to the customer transaction fee waiver in ETF and
HOLDRs options, the fee waiver would help the Exchange maintain its
competitiveness for retail order flow in these products; with regard to
the reduction in the FBW fee, the Exchange would be providing a cost
savings to all users of FBWs; and with regard to the

waiver of member dues for certain lessor members with open leases, the
waiver would help the Exchange place such a lessor in a similar
position to if the lessor's membership was leased, consistent with
Exchange Rule 3.27(d).
---------------------------------------------------------------------------

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

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and subparagraph (f)(2) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-CBOE-2009-027 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-CBOE-2009-027. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CBOE. 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-CBOE-2009-027 and should be
submitted on or before June 4, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11232 Filed 5-13-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12234-12238]
[FR Doc No: 2015-05191]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74412; File No. SR-NYSE-2014-65]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving a Proposed Rule Change Amending Its Continued Listing
Requirements, as Set Forth in Section 802.01E of the Exchange's Listed
Company Manual, in Relation to the Late Filing of a Company's Annual or
Quarterly Report With the Securities and Exchange Commission

March 2, 2015.

I. Introduction

    On December 4, 2014, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission''), pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend its continued listing
requirements, set forth in section 802.01E of its Listed Company
Manual, with respect to companies whose required annual or quarterly
reports are late or defective. The proposed rule change was published
for comment in the Federal Register on December 17, 2014.\3\ On January
30, 2015, the Commission designated a longer period for Commission
action on the proposed rule change, until March 17, 2015.\4\ The
Commission received no comments on the proposal. This order approves
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 73821 (December 11,
2014), 79 FR 75217 (``Notice'').
    \4\ See Securities Exchange Act Release No. 74184, 80 FR 6558
(February 5, 2015).
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to amend section 802.01E of its Listed
Company Manual (the ``Late Filer Rule'') to: (i) Expand the rule to
impose a maximum period within which a company must file a late
quarterly report on Form 10-Q in order to maintain its listing, and
(ii) clarify the Exchange's treatment of companies whose annual or
quarterly reports are defective at the time of filing or become
defective at some subsequent date.
    Currently, the Late Filer Rule deems a listed company to be
delinquent in filing its annual report on Forms 10-K, 20-F, 40-F or N-
CSR with the Commission if it fails to submit the filing by the date
such report was required to be filed by the applicable form, or if a
Form 12b-25 was timely filed with the Commission, the extended filing
due date for the annual report. During the six-month period from the
date of such delinquency, the Exchange monitors the company and the
status of the delinquent annual report, including through contact with
the company, until the filing delinquency is cured. If the company
fails to cure such delinquency within the initial six-month period, the
Exchange may, in its sole discretion, allow the company's securities to
be traded for up to an additional six-month period depending on the
company's specific circumstances. The Exchange will commence suspension
and delisting procedures in accordance with Section 804.00 of the
Listed Company Manual if the Exchange determines that an additional
trading period of up to six months is not appropriate, or if the
Exchange determines that an additional trading period of up to six
months is appropriate and the company fails to file its annual report
by the end of the additional period.
    A company is not currently subject to the compliance periods set
forth in the Late Filer Rule in connection with a failure to timely
file a quarterly report on Form 10-Q with the SEC.\5\ Moreover,

the Late Filer Rule currently does not explicitly detail the Exchange's
treatment of companies whose annual or quarterly reports are defective.
The Exchange has now proposed to amend its Late Filer Rule to add these
elements.
---------------------------------------------------------------------------

    \5\ While a company is not currently subject to the compliance
periods in the Late Filer Rule in connection with the failure to
timely file a Form 10-Q, such companies are subject to the
Exchange's late filer (or ``.LF'') indicator process. The .LF
indicator is appended to the company's trading symbol as
disseminated on the consolidated tape and to market data vendors,
and the company's name is included on the late filer list on the
Exchange's Web site. The .LF indicator and web posting commence five
days after the due date or extended due date (if applicable) of the
first late annual report or Form 10-Q (unless the company has
submitted the required report within that five day period) and
continue until the company becomes current again with respect to all
required periodic reports. In addition, the Commission notes that a
listed company is obligated to comply with the Exchange's listing
agreement, which requires, among other things, that the company file
all required periodic financial reports with the SEC, including
quarterly or semi-annual reports (and annual reports), by the due
dates established by the SEC, and which states that the Exchange
may, consistent with applicable laws and SEC rules, suspend a listed
company's securities and commence delisting proceedings upon failure
of the company to comply with any one or more sections of the
listing agreement.
---------------------------------------------------------------------------

    Specifically, the Exchange has proposed to amend its Late Filer
Rule to explicitly state that, for purposes of remaining listed on the
Exchange, a company would incur a filing delinquency and be subject to
the procedures set forth in the amended rule on the date on which any
of the following occurs:
     The company fails to file its annual report or its
quarterly report on Form 10-Q with the Commission by the date such
report was required to be filed by the applicable form (or extended due
date if a Form 12b-25 is timely filed with the Commission) (the
``Filing Due Date,'' and the failure to file a report by the applicable
Filing Due Date, a ``Late Filing Delinquency'');
     The company files its annual report without an audit
report from its independent auditor for any or all of the periods
included in such annual report (a ``Required Audit Report'' and the
absence of a Required Audit Report, a ``Required Audit Report
Delinquency'');
     The company's independent auditor withdraws a Required
Audit Report or the company files a Form 8-K with the Commission
pursuant to Item 4.02(b) thereof disclosing that it has been notified
by its independent auditor that a Required Audit Report or completed
interim review should no longer be relied upon (a ``Required Audit
Report Withdrawal Delinquency''); or
     The company files a Form 8-K with the Commission pursuant
to Item 4.02(a) thereof to disclose that previously issued financial
statements should no longer be relied upon because of an error in such
financial statements or, in the case of a foreign private issuer, makes
a similar disclosure in a Form 6-K filed with the Commission or by
other means (a ``Non-Reliance Disclosure'') and, in either case, the
company does not refile all required corrected financial statements
within 60 days of the issuance of the Non-Reliance Disclosure (an
``Extended Non-Reliance Disclosure Event'' and, together with a Late
Filing Delinquency, a Required Audit Report Delinquency and a Required
Audit Report Withdrawal Delinquency, a ``Filing Delinquency'') (for
purposes of the cure periods described in the rule, an Extended Non-
Reliance Disclosure Event would be deemed to have occurred on the date
of original issuance of the Non-Reliance Disclosure); if the Exchange
believes that a company is unlikely to refile all required corrected
financial statements within 60 days after a Non-Reliance Disclosure or
that the errors giving rise to such Non-Reliance Disclosure are
particularly severe in nature, the Exchange may, in its sole
discretion, determine earlier than 60 days that the applicable company
has incurred a Filing Delinquency as a result of such Non-Reliance
Disclosure.\6\
---------------------------------------------------------------------------

    \6\ See proposed section 802.01E of the Listed Company Manual
(``Manual''). The proposed rule states that the annual report or
Form 10-Q that gives rise to a Filing Delinquency shall be referred
to therein as the ``Delinquent Report.'' Id.

Additionally, under the proposed rule, the Exchange would deem a
company to have incurred a Late Filing Delinquency if it submits an
annual report or Form 10-Q to the Commission by the applicable Filing
Due Date, but such filing fails to include an element required by the
applicable form and the Exchange determines in its sole discretion that
such deficiency is material in nature.\7\
---------------------------------------------------------------------------

    \7\ Id. The Exchange states that the following is a non-
exclusive list of elements that would cause the Exchange to deem the
company to have incurred a Late Filing Delinquency: The filing does
not include required financial statements or a required audit
opinion; a required financial statement audit opinion includes
qualifying or disclaiming language or the auditor provides an
adverse financial statement audit opinion; a required financial
statement audit opinion is unsigned or undated; there is a
discrepancy between the period end date for required financial
statements and the date cited in the related audit report; the
company's auditor has not conducted a SAS 100 review with respect to
the company's Form 10-Q; required chief executive officer or chief
financial officer certifications are missing; a Sarbanes-Oxley Act
section 404 required internal control report or auditor
certification is missing; the filing does not comply with the
applicable SEC XBRL requirements; or the filing does not include
signatures of officers or directors required by the applicable form.
See Notice, 79 FR at 75218 n.6.
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    Upon the occurrence of a Filing Delinquency, the Exchange would
promptly send written notification to a company of its procedures
relating to late filings (the ``Filing Delinquency Notification'').\8\
As is the case under the current rule, within five days of the date of
the Filing Delinquency Notification, the company would be required to
contact the Exchange to discuss the status of the Delinquent Report and
issue a press release disclosing the occurrence of the Filing
Delinquency, the reason therefor, and (if known) the anticipated date
such Filing Delinquency will be cured via the filing or refiling of the
applicable report, as the case may be.\9\
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    \8\ See proposed section 802.01E of the Manual. The Exchange
states that it typically sends such notification within five
business days. See Notice, 79 FR at 75218.
    \9\ See proposed section 802.01E of the Manual. If the company
has not issued the required press release within five days of the
date of the Filing Delinquency Notification, the Exchange will issue
a press release stating that the company has incurred a Filing
Delinquency and providing a description thereof. Id.
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    During the six-month period from the date of the Filing Delinquency
(the ``Initial Cure Period''), the Exchange would monitor the company
and the status of the Delinquent Report and any subsequent annual
report or quarterly report on Form 10-Q the company fails to file by
the applicable Filing Due Date (a ``Subsequent Report''), through
contact with the company, until the Filing Delinquency is cured.\10\ If
the company fails to cure the Filing Delinquency within the Initial
Cure Period, the Exchange may, in its sole discretion, allow the
company's securities to be traded for up to an additional six-month
period (the ``Additional Cure Period'') depending on the company's
specific circumstances.\11\ If the Exchange determines that an
Additional Cure Period is not appropriate, suspension and delisting
procedures would commence in accordance with the procedures set out in
section 804.00 of the Manual.\12\ A company would not be eligible to
follow the procedures outlined in sections 802.02 and 802.03 with
respect to this criterion.\13\ Notwithstanding the foregoing, however,
under the proposed rule the

Exchange may in its sole discretion decide: (i) Not to afford a company
any Initial Cure Period or Additional Cure Period, as the case may be,
at all; or (ii) at any time during the Initial Cure Period or
Additional Cure Period, as the case may be, to truncate the Initial
Cure Period or Additional Cure Period, as the case may be, and
immediately commence suspension and delisting procedures if the company
is subject to delisting pursuant to any other provision of the Manual,
including if the Exchange believes, in its sole discretion, that
continued listing and trading of a company's securities on the Exchange
is inadvisable or unwarranted in accordance with sections 802.01A,
802.01B, 802.01C or 802.01D of the Manual.\14\
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    \10\ Id. Under the proposed amended rule, a company that has an
uncured Filing Delinquency would not incur an additional Filing
Delinquency if it fails to file a Subsequent Report by the
applicable Filing Due Date. However, in order for the company to
cure its initial Filing Delinquency, no Subsequent Report may be
delinquent or deficient on the date by which the initial Filing
Delinquency is required to be cured. Id.
    \11\ Id.
    \12\ Id.
    \13\ Id.
    \14\ Id.
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    The Exchange may also commence suspension and delisting procedures
if it believes, in its sole discretion, that it is advisable to do so
based on an analysis of all relevant factors, including, but not
limited to:
     Whether there are allegations of financial fraud or other
illegality in relation to the company's financial reporting;
     The resignation or termination by the company of the
company's independent auditor due to a disagreement;
     Any extended delay in appointing a new independent auditor
after a prior auditor's resignation or termination;
     The resignation of members of the company's audit
committee or other directors;
     The resignation or termination of the company's chief
executive officer, chief financial officer or other key senior
executives;
     Any evidence that it may be impossible for the company to
cure its Filing Delinquency within the cure periods otherwise available
under the Late Filer Rule; and
     Any past history of late filings.\15\
---------------------------------------------------------------------------

    \15\ Id.
---------------------------------------------------------------------------

    In determining whether an Additional Cure Period after the
expiration of the Initial Cure Period is appropriate, the Exchange
would, as is currently the case, consider the likelihood that the
Delinquent Report and all Subsequent Reports can be filed or refiled,
as applicable, during the Additional Cure Period, as well as the
company's general financial status, based on information provided by a
variety of sources, including the company, its audit committee, its
outside auditors, the staff of the SEC and any other regulatory
body.\16\ Further, the Exchange, as it currently does, would strongly
encourage companies to provide ongoing disclosure on the status of the
Delinquent Report and any Subsequent Reports to the market through
press releases, and would also take the frequency and detail of such
information into account in determining whether an Additional Cure
Period is appropriate.\17\
---------------------------------------------------------------------------

    \16\ Id.
    \17\ Id.
---------------------------------------------------------------------------

    As proposed, if the Exchange determines that an Additional Cure
Period is appropriate and the company fails to file the Delinquent
Report and all Subsequent Reports by the end of such additional period,
suspension and delisting procedures would commence immediately in
accordance with the procedures set out in section 804.00.\18\ In no
event would the Exchange continue to trade a company's securities if:
(i) it has failed to cure its Filing Delinquency; and (ii) it is not
current with all Subsequent Reports, on the date that is twelve months
after its initial Filing Delinquency.\19\
---------------------------------------------------------------------------

    \18\ Id.
    \19\ Id. See supra note 10.
---------------------------------------------------------------------------

    The Exchange has proposed that its amended Late Filer Rule become
operative on March 1, 2015.\20\ Accordingly, the current provisions of
section 802.01E of the Manual would be applicable to any listed company
that fails to timely file an annual report (Forms 10-K, 20-F, 40-F or
N-CSR) prior to March 1, 2015.\21\ On or after March 1, 2015, any
listed company that fails to timely file an annual report, or quarterly
report on Form 10-Q, would be subject to the amended provisions of
Section 802.01E.\22\ Any listed company that is late as of March 1,
2015, in filing a Form 10-Q with a due date prior to that date would
not be subject to the proposed amended rule with respect to that
filing; however, any such company would be subject to the proposed
amended rule with respect to any periodic report it does not file on a
timely basis with a due date that is on or after March 1, 2015.\23\
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    \20\ See Notice, 79 FR at 75219.
    \21\ Id. Both prior to and after March 1, 2015, the Exchange's
other continued listing standards would, of course, continue to
apply, including the ability to suspend and delist if any other
event or condition exists or occurs that makes further dealings or
listing of the securities on the Exchange inadvisable or
unwarranted.
    \22\ Id.
    \23\ Id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\24\ In particular, the Commission finds that the proposed
rule change is consistent with section 6(b)(5) of the Act,\25\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest; and are not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
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    \24\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the goal of ensuring that listed
companies have filed accurate, up-to-date reports under the Act is of
critical importance so that investors have reliable information upon
which they can make informed investment decisions. For the same reason,
it is also important that companies with stale or defective publicly
filed financial information do not remain listed on a national
securities exchange if such information is not brought up-to-date or
the deficiency cured in a timely manner. The Commission previously
stated its view that the NYSE should consider shortening the timeframes
within which a company would be delisted for failing to file annual
reports as well as extending such requirements to issuers that are late
in filing their quarterly reports with the Commission.\26\ The
Commission believes that the proposed rule change, by including
quarterly reports, should help to prevent an undue amount of time from
passing without the company's annual or quarterly reports being
provided to the marketplace.
---------------------------------------------------------------------------

    \26\ See Securities Exchange Act Release No. 51777 (June 2,
2005), 70 FR 33573 (June 8, 2005).
---------------------------------------------------------------------------

    The Commission also believes that the proposed changes to section
802.01E of the Manual should help to ensure that companies cannot
continue to trade for extended periods of time without making their
annual and interim reports publicly available.\27\ In this regard, the

Commission notes that the proposed rule change should help reduce those
situations in which investors continuously have outdated or stale
financial information upon which to base their investment decisions. As
is discussed above, a company that has an uncured Filing Delinquency
would not be able to cure the Filing Delinquency until all subsequent
annual or quarterly reports that are delinquent have been filed.\28\ In
other words, once it is a delinquent filer, a company can only become
current in its filings if all of its annual and quarterly filings have
been submitted to the SEC within 12 months of the first Filing
Delinquency. Under the current rule by contrast, only annual reports
trigger the suspension and delisting procedures of section 802.01E of
the Manual. Furthermore, a listed company that demonstrates a history
of delinquent filings could still be subject to delisting under the
proposed rule change without the Exchange affording it any cure period
at all (or at any time during an initial or additional cure period) as
a result of the Exchange's ability to commence suspension and delisting
procedures based on a company's ``past history of late filings.'' \29\
The Commission believes these provisions will enable the Exchange to
delist those companies that have demonstrated a history of providing
outdated or stale financial information to investors and help the
Exchange address the situation where a company becomes current within
12 months and then a short while later, such as by the next Commission
filing date, incurs another Filing Delinquency. In such a case, the
Commission would be concerned that investors continue to rely on
outdated information and do not have current financial information on a
timely basis in which to make their trading and investment decisions.
The Commission believes that the proposal is reasonably designed to
further these goals of investor protection and therefore is consistent
with the Act and section 6(b)(5) thereunder.
---------------------------------------------------------------------------

    \27\ The Commission notes that, although section 802.01E does
not specifically provide for late filer treatment if a foreign
private issuer fails to provide quarterly or semi-annual financial
information, violation of section 802.01D could result in a foreign
private issuer becoming subject to delisting. Specifically, section
802.01D provides that a listed company could be subject to delisting
under sections 802.02 and 802.03 for ``failure of a company to make
timely, adequate, and accurate disclosures of information to its
shareholders and the investing public.'' The Commission believes
that failure by a listed company to make interim financial
disclosures, on at least a semi-annual basis, would meet this
definition.
    \28\ See supra note 10.
    \29\ See supra note 15 and accompanying text.
---------------------------------------------------------------------------

    Additionally, by clearly stating that the Exchange's Late Filer
Rule applies not only to companies that file late or defective annual
reports but also broadening the delisting procedures to include listed
companies that file late or defective quarterly reports, the Commission
believes that the proposal should benefit the public interest and
protect investors by helping to assure that a larger segment of the
financial information investors may rely upon when deciding whether to
invest in a company listed on the Exchange is up-to-date and accurate.
Further, by detailing what the Exchange considers to be a defective
annual or quarterly report and how the Exchange treats listed companies
whose filed reports suffer from a deficiency, the Commission believes
that the proposed rule change promotes just and equitable principles of
trade by providing additional transparency to listed companies as to
what could cause them to become subject to the section 802.01E
delisting procedures for a late or deficient filing. For example, as
noted above, Exchange rules will be clear that a company that files an
8-K pursuant to Item 4.02(b) thereof and has a Required Audit Report
Withdrawal Delinquency will be subject to the procedures in section
802.01E and can only be extended a maximum of 12 months to cure the
delinquency. Moreover, and importantly, this additional transparency,
as well as the more stringent requirements set forth in the amended
rule, could encourage listed companies to take extra care to ensure
that their filed reports are timely and accurate, which would protect
investors and the public interest. To the extent this occurs, the
Commission believes that the proposal also has the potential to enhance
the reliability of reports filed by companies listed on the Exchange as
well as investor confidence in such reports, which should help to
perfect the mechanism of a free and open market.
    The new rules also give the Exchange discretion in certain areas
when a filing fails to include an element required by the applicable
Commission form and the Exchange determines in in its sole discretion
that such deficiency is material in nature. The rule filing provided a
non-exclusive list of elements that, if missing from a filing, would
cause the Exchange to deem the company to have incurred a Filing
Delinquency. The Exchange stated in its rule filing that, in making
this determination, it would not be making any judgments as to the
sufficiency of the filing in question for purposes of compliance with
Commission rules, but rather only for purposes of compliance with
Exchange rules. The Commission emphasizes that any determination by the
Exchange that a missing element is not material for purposes of a
Filing Delinquency has no effect on the company's compliance with
Commission rules. The Commission further notes that while there is a
provision in the new rules concerning a listed company that files an 8-
K or 6-K announcing a Non-Reliance Disclosure having 60 days to correct
its financial statements, the proposal makes clear that the Filing
Delinquency will date from the original announcement of the Non-
Reliance Disclosure if it is not cured within 60 days. This will ensure
that the period for curing a Non-Reliance Disclosure will not extend
past the 12 month period given to listed companies that have had
another type of Filing Delinquency.
    Finally, the Commission notes that the time periods allowed to cure
a Filing Delinquency are maximums for purposes of continued listing.
The new provisions being adopted provide additional transparency to
investors and the marketplace but also give the Exchange discretion to
analyze the particular case and consider whether it is appropriate to
commence suspension and delisting procedures immediately based on the
particular facts, as well giving the Exchange discretion to grant an
additional six month cure period, or shorten any time periods
previously given. The new rules provide additional transparency by
setting forth certain factors that may cause immediate delisting or
shortened periods, such as resignation of a company's chief executive
officer, financial officer or members of the audit committee;
allegations of fraud or other illegality in relation to financial
reporting; and past history of late filings. We expect the Exchange to
carefully review each Filing Deficiency and ensure that the public
interest is being served by continued trading. As noted above, the
importance of timely and complete Commission filings to ensure that
investors and the marketplace have accurate and up-to-date information
about publicly traded companies is of extreme importance for confidence
in our public markets.\30\
---------------------------------------------------------------------------

    \30\ As noted above, the Exchange strongly encourages companies
to provide ongoing disclosure on the status of the Delinquent Report
and any Subsequent Reports to the market through press releases, and
would also take the frequency and detail of such information into
account in determining whether an Additional Cure Period is
appropriate. The Commission believes such disclosures are very
important to the marketplace during the delinquency period.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\31\ that the proposed rule change (SR-NYSE-2014-65) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(2).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-05191 Filed 3-5-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Rules and Regulations]
[Page 32313]
[FR Doc No: 2015-13921]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0320]
RIN 1625-AA00

Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone within the Chicago Harbor during specified periods from May 20,
2015 through January 1, 2016. This action is necessary and intended to
ensure safety of life on the navigable waters of the United States
immediately prior to, during, and immediately after various firework
events. During the enforcement periods listed below, no person or
vessel may enter the safety zone without permission of the Captain of
the Port Lake Michigan.

DATES: The regulations in 33 CFR 165.931 will be enforced from 9:15
p.m. on May 20, 2015 through 12:30 a.m. on January 1, 2016, on the
dates and times listed in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LT Lindsay Cook, Waterways Management Division,
Marine Safety Unit Chicago, telephone<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL listed in 33 CFR
165.931, on each Saturday from 10:00 p.m. until 10:30 p.m. and each
Wednesday from 9:15 p.m. until 9:45 p.m. during the period starting May
20, 2015 through September 5, 2015. Additionally, this safety zone will
also be enforced from 10:00 p.m. until 10:30 p.m. on September 12,
2015; and from 11:45 p.m. on December 31, 2015 until 12:30 a.m. on
January 1, 2016.
    This safety zone encompasses the waters of Lake Michigan within
Chicago Harbor bounded by coordinates beginning at 41[deg]53'26.5'' N.,
087[deg]35'26.5'' W.; then south to 41[deg]53'7.6'' N.,
087[deg]35'26.3'' W.; then west to 41[deg]53'7.6'' N.,
087[deg]36'23.2'' W.; then north to 41[deg]53'26.5'' N.,
087[deg]36'24.6'' W.; then east back to the point of origin (NAD 83).
All vessels must obtain permission from the Captain of the Port Lake
Michigan, or an on-scene representative to enter, move within or exit
the safety zone. Vessels and persons granted permission to enter the
safety zone shall obey all lawful orders or directions of the Captain
of the Port Lake Michigan, or an on-scene representative.
    This document is issued under authority of 33 CFR 165.931 and 5
U.S.C. 552(a). In addition to this publication in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of these enforcement periods via broadcast Notice to
Mariners or Local Notice to Mariners. If the Captain of the Port Lake
Michigan determines that the safety zone need not be enforced for the
full duration stated in this document, she may suspend enforcement and
provide notice via a Broadcast Notice to Mariners. The Captain of the
Port Lake Michigan or her on-scene representative may be contacted via
VHF Channel 16.

    Dated: May 18, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2015-13921 Filed 6-5-15; 8:45 am]
 BILLING CODE 9110-04-P