[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Notices]
[Pages 48017-48021]
[FR Doc No: 2020-17250]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89460; File No. SR-NYSEArca-2020-15]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Partial Amendment No. 1 to Proposed Rule Change To Amend the
Schedule of Wireless Connectivity Fees and Charges To Add Wireless
Connectivity Services

August 3, 2020.

I. Introduction

    On February 11, 2020, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'' or ``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change (SR-NYSEArca-2020-15) to amend
the schedule of Wireless Connectivity Fees and Charges (``Wireless Fee
Schedule'') to add wireless connectivity services that transport the
market data of the Exchange and certain affiliates.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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    The Commission published the proposed rule change for public
comment in the Federal Register on February 25, 2020.\3\ The Commission
received several comments on the proposed rule change, and a response
from the Exchange.\4\ On April 1, 2020, pursuant to Section 19(b)(2) of
the Act,\5\ the Commission designated a longer period within which to
either approve the proposed rule change, disapprove the proposed rule
change, or institute proceedings to determine whether to disapprove the
proposed rule change.\6\ On May 18, 2020, the Commission instituted
proceedings to determine whether to approve or disapprove the proposed
rule change.\7\ The Commission received additional comments in response
to the Order Instituting Proceedings.\8\
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    \3\ See Securities Exchange Act Release No. 88239 (February 19,
2020), 85 FR 10786 (February 25, 2020) (SR-NYSEArca-2020-15)
(``Wireless II Notice''). See also Securities Exchange Act Release
Nos. 88237 (February 19, 2020), 85 FR 10752 (February 25, 2020) (SR-
NYSE-2020-11); 88238 (February 19, 2020), 85 FR 10776 (February 25,
2020) (SR-NYSEAMER-2020-10); 88240 (February 19, 2020), 85 FR 10795
(February 25, 2020) (SR-NYSECHX-2020-05); and 88241 (February 19,
2020), 85 FR 10738 (February 25, 2020) (SR-NYSENAT-2020-08).
    \4\ Comments received on the Wireless II Notice and the
Exchange's response are available on the Commission's website at:
https://www.sec.gov/comments/sr-nysearca-2020-15/srnysearca202015.htm.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 88540 (April 1,
2020), 85 FR 19562 (April 7, 2020). The Commission designated May
25, 2020, as the date by which it should approve, disapprove, or
institute proceedings to determine whether to disapprove the
proposed rule changes.
    \7\ See Securities Exchange Act Release No. 88901 (May 18,
2020), 85 FR 31273 (May 22, 2020) in which the Commission instituted
proceedings (``Order Instituting Proceedings'' or ``OIP'').
    \8\ Comments received on the Wireless II Notice following the
OIP also are available on the Commission's website at: https://www.sec.gov/comments/sr-nysearca-2020-15/srnysearca202015.htm.
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    On July 27, 2020, the Exchange filed Partial Amendment No. 1 to the
proposed rule change in response to certain comments on the proposed
rule change. Partial Amendment No. 1 is described in Item II below,
which has been substantially prepared by the Exchange.\9\ The
Commission is publishing this notice to solicit comments on Partial
Amendment No. 1 from interested persons.\10\
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    \9\ The Commission has reformatted the Exchange's presentation
of the footnotes.
    \10\ Partial Amendment No. 1 is also available on the
Commission's website at: https://www.sec.gov/comments/sr-nysearca-2020-15/srnysearca202015.htm. The Commission also refers interested
persons to Securities Exchange Act Release No. 88170 (February 11,
2020), 85 FR 8956 (February 18, 2020) (SR-NYSEArca-2020-08) (wherein
the Exchange filed a proposed rule change to establish the Wireless
Fee Schedule listing available wireless bandwidth connections
between the Mahwah, New Jersey data center and other data centers
(``Wireless I'') and concurrently proposes to partially amend
Wireless I). Partial Amendment No. 1 to Wireless I is available on
the Commission's website at: https://www.sec.gov/comments/sr-nysearca-2020-08/srnysearca202008.htm.
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II. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Amendment

    NYSE Arca, Inc. (``NYSE Arca'' or the ``Exchange'') hereby submits
this Partial Amendment No. 1 to the above-referenced filing
(``Filing'') in connection with the proposed rule change to add
wireless connectivity that transport the market data of the Exchange
and certain affiliates to the schedule of Wireless Connectivity Fees
and Charges (the ``Wireless Fee Schedule''). With this Partial
Amendment No. 1, the Exchange proposes a new rule to place restrictions
on the use of a pole on the grounds of the Mahwah, New Jersey data
center that is used for wireless connectivity services that transport
the market data of the Exchange and certain of its affiliates. The
Exchange proposes the following amendments to the Filing:
    1. The Exchange proposes to amend the first paragraph in Item 1(a)
on page 3 of the Filing:
    The Exchange proposes to amend the first paragraph of Item 1(a) on
page 3 of the Filing to add ``(a)'' before ``wireless

connectivity services'' and add new text at the end of the paragraph to
describe the proposed rule change, as follows (new text italicized):

    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (the ``Act'') \1\ and Rule 19b-4 thereunder,\2\
NYSE Arca, Inc. (``NYSE Arca'' or the ``Exchange'') proposes to add
(a) wireless connectivity services that transport the market data of
the Exchange and certain affiliates to the schedule of Wireless
Connectivity Fees and Charges (the ``Wireless Fee Schedule''); and
(b) a new rule to place restrictions on the use of a pole on the
grounds of the Mahwah, New Jersey data center that is used for such
wireless connectivity services.

    2. The Exchange proposes to amend the carryover paragraph on pages
3 and 4 of the Filing (second full paragraph on page 24 of the Exhibit
1):
    The Exchange proposes to add amend the carryover paragraph on pages
3 and 4 of the Filing (second full paragraph on page 24 of the Exhibit
1) to add ``(a)'' before ``wireless connectivity services'' and add new
text to describe the proposed rule change, as follows (new text
italicized, deletion in [brackets]):

    The Exchange proposes to add (a) wireless connectivity services
that transport market data of the Exchange and its affiliates the
New York Stock Exchange LLC (``NYSE'') and NYSE National, Inc.
(``NYSE National'') to the Wireless Fee Schedule[.],3/4
and (b) a new rule to place restrictions on the use of a pole on the
grounds of the Mahwah, New Jersey data center that is used for such
wireless connectivity services.

    3. The Exchange proposes to add a new section titled ``Proposed New
Rule'' and accompanying footnotes after the first full paragraph on
page 14 of the Filing (first full paragraph on page 40 of the Exhibit
1):
    The Exchange proposes a new rule to place restrictions on the use
of a pole on the grounds of the Mahwah, New Jersey data center that is
used for wireless connectivity services. Accordingly, the Exchange
proposes to add a new section titled ``Proposed New Rule'' and
accompanying footnotes (subsequent footnotes would be renumbered in a
conforming change) after the first full paragraph on page 14 of the
Filing (first full paragraph on page 40 of the Exhibit 1), after the
end of the section titled ``The Proposed Service and Fees,'' as follows
(all text is new):

Proposed New Rule

    Since 2016, IDS has had the use of a pole on the grounds of the
Mahwah data center.27/28 The data center pole is part of
the network utilized for the Wireless Market Data Connections to the
Carteret and Secaucus Third Party Data Centers.28/29 At
the data center pole, the wireless connection to the Third Party
Data Centers converts to a fiber connection, and the fiber
connection travels from the data center pole into the Mahwah data
center.29/30 The equipment on the data center pole
belongs to IDS and Anova Technologies, LLC (``Anova''), the non-ICE
entity that owns the wireless network used for the Wireless Market
Data Connections to Secaucus and Carteret.30/31
    Other third parties that offer wireless services utilize
commercial poles located outside the grounds of the Mahwah, New
Jersey data center for their wireless networks. A third party's
wireless connections to the Third Party Data Center convert to fiber
connections at the commercial pole, and the fiber connects the
commercial pole to the Mahwah data center.
    Several such third parties have objected to the use of the data
center pole for the Wireless Market Data Connections. They argue
that IDS has an advantage over its competitors because third parties
are not allowed access to the data center pole,31/32 and
the data center pole is closer to the Mahwah data center than any
commercial pole.32/33 At least one third party has raised
the additional concern that the Wireless Market Data Connections may
benefit from ``less obvious and more discreet types of latency
advantages'' due to infrastructure inside the Mahwah data center,
noting that ``some connections may have a longer fiber route than
others within a data center or may have to go through various
equipment or meet me rooms that an affiliate or preferred provider
of an exchange do not.'' 33/34

    The Exchange is proposing a new Rule 3.14 (Data Center Pole Latency
Restrictions--Connectivity to Production of Exchange Market Data) that
would require that the length of the connection from the data center
pole to the point inside the Mahwah data center where Exchange market
data is produced be no less than the length of the connection from the
closest commercial pole to the same point. By requiring that the
compared connections both extend to where Exchange market data is
produced, the proposed rule would take distances within the Mahwah data
center into account.
    The proposed rule would include the following definitions:
     ``Commercial Pole'' would mean a pole (a) on which one or
more third parties locate wireless equipment used to offer wireless
connectivity to other third parties, and (b) from which a fiber
connection extends from third party equipment on the pole to the Data
Center.
     ``Data Center'' would mean the Mahwah, New Jersey data
center where the Exchange's matching engine is located, or its
successor.
     ``Data Center Pole'' would mean a pole that (a) holds
wireless equipment, (b) is located within the grounds of the Data
Center, and (c) cannot be used by third parties other than third
parties with which the Exchange or an ICE Affiliate has an agreement to
provide services in the name of the Exchange or an ICE Affiliate.
     ``ICE Affiliate'' would mean Intercontinental Exchange,
Inc. (``ICE'') and any entity that directly or indirectly, through one
or more intermediaries, controls, is controlled by, or is under common
control with ICE, where ``control'' means that one entity possesses,
directly or indirectly, voting control of the other entity either
through ownership of capital stock or other equity securities or
through majority representation on the board of directors or other
management body of such entity.
    The proposed rule would require that:

the length of the connection between (a) the base of the Data Center
Pole and (b) the point inside the Data Center where Exchange market
data is produced shall be no less than the length of the connection
between (x) the base of the closest Commercial Pole and (y) the
point inside the Data Center where Exchange market data is produced.

27/28 See Securities Exchange Act Release No. 76749
(December 23, 3015), 80 FR 81640 (December 30, 2015) (SR-NYSEArca-
2015-99) (Order Approving Proposed Rule Change to the Co-Location
Services Offered by the Exchange (the Offering of a Wireless
Connection To Allow Users To Receive Market Data Feeds From Third
Party Markets) and to Reflect Changes to the NYSE Arca Options Fee
Schedule and the NYSE Arca Equities Schedule of Fees and Charges
Related to These Services).
28/29 The Wireless Market Data Connections with Markham,
Canada do not use equipment on the data center pole.
29/30 The wireless network similarly converts to a fiber
connection for its connection into the Third Party Data Centers.
30/31 Equipment for services Anova offers under its own
name is not allowed on the data center pole.
31/32 IDS does not sell rights to third parties to
operate wireless equipment on the data center pole due to space
limitations, security concerns, and the interference that would
arise between equipment placed too closely together.
32/33 See letter from Gregory Babyak, Global Head of
Regulatory Affairs, Bloomberg L.P., to Ms. Vanessa Countryman,
Secretary, Securities and Exchange Commission (``Commission''),
dated June 12, 2020; letter from Stephen John Berger, Managing
Director, Global Head of Government and Regulatory Policy, Citadel
Securities, to Ms. Vanessa Countryman, Secretary, Commission, dated
June 12, 2020; letter from Jim Considine, Chief Financial Officer,
McKay Brothers LLC (``McKay Brothers''), to Ms. Vanessa Countryman,
Secretary, Commission, dated June 12, 2020 (``McKay Letter''); and
letter from Thomas M. Merritt, Deputy General Counsel, Virtu
Financial, Inc. to Ms.

Vanessa Countryman, Secretary, Commission, dated March 10, 2020.
33/34 McKay Letter, supra note 32/33, at 9.

    4. The Exchange proposes to add new text after the first full
paragraph on page 16 of the Filing (first full paragraph on page 42 of
the Exhibit 1):
    The Exchange proposes to amend the Filing to include additional
analysis on the competitive environment for wireless connections.
Accordingly, the Exchange proposes to add a paragraph and accompanying
footnotes (subsequent footnotes would be renumbered in a conforming
change) after the first full paragraph on page 16 of the Filing (first
full paragraph on page 42 of the Exhibit 1), as follows (all text is
new):

    Such competitors can offer wireless connectivity to Selected
Market Data or other Exchange market data in the Third Party Data
Centers by obtaining the market data at the Mahwah data center and
sending it over their wireless network to the Third Party Data
Centers.37/38 The Exchange believes that its competitors'
wireless connections provide connectivity at the same or similar
speed as the Wireless Market Data Connections, and at the same or
similar cost. Indeed, the McKay Letter acknowledges that McKay
Brothers has the fastest wireless network.38/39

37/38 A market participant in any of the Third Party Data
Centers or the Mahwah data center also may create a proprietary
wireless market data connection, connect through another market
participant, or utilize fiber connections offered by the Exchange,
ICE Affiliates, and other service providers and third party
telecommunications providers.
38/39 McKay Letter, supra note 32/33, at 4.

    5. The Exchange proposes to amend the Statutory Basis section of
the Filing after the fourth full paragraph on page 18 of the Filing
(third full paragraph on page 46 of the Exhibit 1):
    The Exchange proposes to include information in the Filing
regarding why it believes the proposed new rule is reasonable. The
Exchange proposes to amend the Statutory Basis section of the Filing to
add new paragraphs and accompanying footnotes (subsequent footnotes
would be renumbered in a conforming change) after the fourth full
paragraph on page 18 of the Filing (third full paragraph on page 46 of
the Exhibit 1), at the end of the section titled ``The Proposed Change
is Reasonable,'' as follows (all text is new):

    The Exchange believes that the proposed new Rule 3.14 would be
reasonable as, pursuant to the rule, the networks for the Wireless
Market Data Connections, and future wireless connections that use a
Data Center Pole, would ``operat[e] in the same manner as
competitors do today without a latency subsidy or other advantage
provided by the Exchanges. . . .'' 43/44 Accordingly, the
proposed new rule would promote just and equitable principles of
trade and, in general, protect investors and the public interest by
ensuring that the subscribers to services using the IDS wireless
network do not benefit from any physical proximity ``on the segment
[of the network] closest to the Exchanges' data center that no
competitor can replicate.'' 44/45 By ending both of the
compared connections at the point inside the Data Center where
Exchange market data is produced, the proposed rule would take
distances within the Mahwah data center into
account.45/46
    The proposed new rule would not apply differently to distinct
types or sizes of market participants. The Exchange would be
required to ensure that the length of the connection between (a) the
base of the Data Center Pole and (b) the point inside the Data
Center where Exchange market data is produced, would be no less than
the length of the connection between (x) the base of the closest
Commercial Pole and (y) the point inside the Data Center where
Exchange market data is produced.
    The Exchange believes that the proposed definition of
``Commercial Pole'' is reasonable and would promote just and
equitable principles of trade because it would encompass any pole on
which a third party locates its wireless equipment in order to offer
wireless connectivity to customers. The Exchange believes that such
third parties are the direct competitors for the Wireless Market
Data Connections, as they also offer wireless connections to
customers. If a third party used a pole for a proprietary wireless
network and that pole does not have one or more third parties'
wireless equipment used to offer wireless connectivity to other
third parties, that pole would not fall within the scope of the
definition of Commercial Pole.
    The Exchange believes that the proposed definition of ``Data
Center'' is reasonable and would promote just and equitable
principles of trade because it would capture any data center to
which the Exchange locates its matching engine.
    The Exchange believes that the proposed definition of ``Data
Center Pole'' is reasonable and would promote just and equitable
principles of trade because it would encompass not just the current
pole, but also any additional or successor pole on the grounds of
the Data Center, so long as such pole could not be used by third
parties other than third parties with which the Exchange or an ICE
Affiliate had an agreement to provide services in the name of the
Exchange or an ICE Affiliate, such as Anova.
    The Exchange believes that the definition of ``ICE Affiliate''
is reasonable and would promote just and equitable principles of
trade because the same definition is used in Rule 5.1-E(c) (Listing
of an Affiliate or Entity that Operates and/or Owns a Trading System
or Facility of the Exchange), and so using it would add
transparency, clarity and internal consistency to Exchange rules.

43/44 McKay Letter, supra note 32/33, at 7.
44/45 Id, at note 33.
45/46 Each of the Affiliate SROs is filing for a rule
change that is substantially similar to the proposed Exchange rule.
Assuming such filings are approved by the Commission, to the extent
that the market data of an Affiliate SRO is produced separately from
where the Exchange market data is produced, the wireless connection
to that Affiliate SRO's market data would be captured by that
Affiliate SRO's rule.

    6. The Exchange proposes to amend the Statutory Basis section of
the Filing after the carry-over paragraph on pages 19 and 20 of the
Filing (second full paragraph on page 48 of the Exhibit 1):
    The Exchange proposes to include information in the Filing
regarding why it believes the proposed new rule is not unfairly
discriminatory. The Exchange proposes to amend the Statutory Basis
section of the Filing to add new paragraphs and accompanying footnotes
(subsequent footnotes would be renumbered in a conforming change) after
the carry-over paragraph on pages 19 and 20 of the Filing (second full
paragraph on page 48 of the Exhibit 1), immediately prior to the last
paragraph of the section titled ``The Proposed Change is Not Unfairly
Discriminatory,'' as follows (all text is new):

    The Exchange believes that the proposed new Rule 3.14 would not
be unfairly discriminatory, as pursuant to the rule, the networks
for the Wireless Market Data Connections, and future wireless
connections that use the Data Center Pole, would ``operat[e] in the
same manner as competitors do today without a latency subsidy or
other advantage provided by the Exchanges. . . .'' 46/47
Accordingly, the proposed new rule would ensure that the IDS
wireless network does not benefit from physical proximity ``on the
segment [of the network] closest to the Exchanges' data center that
no competitor can replicate.'' 47/48 By ending both of
the compared connections at the point inside the Data Center where
Exchange market data is produced, the proposed rule would take
distances within the Mahwah data center into account.
    The proposed new rule would not apply differently to distinct
types or sizes of market participants. The Exchange would be
required to ensure that the length of the connection between (a) the
base of the Data Center Pole and (b) the point inside the Data
Center where Exchange market data is produced, would be no less than
the length of the connection between (x) the base of the closest
Commercial Pole and (y) the point inside the Data Center where
Exchange market data is produced.
    The Exchange believes that the proposed definition of
``Commercial Pole'' would not be unfairly discriminatory because it
would encompass any pole on which a third party locates its wireless
equipment in order to offer wireless connectivity to customers. The
Exchange believes that such third parties are the direct competitors
for the Wireless Market Data Connections, as they also offer
wireless connections to customers. If a third party used a pole for
a proprietary wireless network and that pole does not have one or
more third parties' wireless equipment used

to offer wireless connectivity to other third parties, that pole
would not fall within the scope of the definition of Commercial
Pole.
    The Exchange believes that the proposed definition of ``Data
Center'' would not be unfairly discriminatory because it would
capture any data center to which the Exchange locates its matching
engine.
    The Exchange believes that the proposed definition of ``Data
Center Pole'' would not be unfairly discriminatory because it would
encompass not just the current pole, but also any additional or
successor pole on the grounds of the Data Center, so long as such
pole could not be used by third parties other than third parties
with which the Exchange or an ICE Affiliate had an agreement to
provide services in the name of the Exchange or an ICE Affiliate,
such as Anova.
    The Exchange believes that the definition of ``ICE Affiliate''
would not be unfairly discriminatory because the same definition is
used in Rule 5.1-E(c) and so using it would add transparency,
clarity and internal consistency to Exchange rules.

46/47 McKay Letter, supra note 32/33, at 7.
47/48 Id., at note 33.

    7. The Exchange proposes to amend the section of the Filing titled
``Self-Regulatory Organization's Statement on Burden on Competition''
in the following two ways:
    The Exchange proposes to include information in the Filing
regarding why it believes the proposed new rule would impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of Section 6(b)(8) of the Securities Exchange Act of 1934
(the ``Act'').\11\ Accordingly, the Exchange proposes to amend the
section of the Filing titled ``Self-Regulatory Organization's Statement
on Burden on Competition'' in the following two ways.
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    \11\ 15 U.S.C. 78f(b)(8).
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    First, to set the new text apart from the previous discussion
regarding the burden on competition, the Exchange proposes to add the
heading ``Wireless Market Data Connectivity'' immediately before the
first full paragraph under the heading on page 20 of the Filing (page
49 of the Exhibit 1). The new heading would apply to the current text
of the Filing.
    Second, after the first full paragraph on page 22 of the Filing
(first full paragraph on page 51 of the Exhibit 1), the Exchange
proposes to add the heading ``Proposed New Rule'' and new paragraphs
and accompanying footnotes (subsequent footnotes would be renumbered in
a conforming change), as follows (all text is new):

Proposed New Rule

    The Exchange does not believe that the proposed new rule would
impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of Section 6(b)(8) of the
Act.50/51
    With the exception of Anova, third parties do not have access to
the data center pole. Under the proposed rule, the Exchange would
always be obligated to ensure that the length of the connection
between (a) the base of the Data Center Pole and (b) the point
inside the Data Center where Exchange market data is produced, would
be no less than the length of the connection between (x) the base of
the closest Commercial Pole and (y) the point inside the Data Center
where Exchange market data is produced.
    IDS, not the Exchange, provides the Wireless Market Data
Connections to market participants, and so it would be IDS that
would have to slow its connection down as required by the rule.
Accordingly, the Exchange believes that the only burden on
competition of the proposed change would be on IDS.
    Nonetheless, the Exchange believes that the proposed rule change
would not impose any burden on competition that is not necessary or
appropriate because the proposed change would ensure that the IDS
wireless network did not benefit from physical proximity ``on the
segment [of the network] closest to the Exchanges' data center that
no competitor can replicate.'' 51/52 The networks for the
Wireless Market Data Connections, and future wireless connections
that use the Data Center Pole, would ``operat[e] in the same manner
as competitors do today without a latency subsidy or other advantage
provided by the Exchanges. . . .'' 52/53
    The proposed rule would not otherwise put a burden on
competition. As noted above, access to the data center pole is not
required for third parties to establish wireless networks that can
compete with the Wireless Market Data Connections to the Carteret
and Secaucus Third Party Data Centers, as evidenced by the existing
wireless connections offered by third party
competitors.53/54 Such competitors can offer wireless
connectivity to Selected Market Data or other Exchange market data
in the Third Party Data Centers by obtaining the market data at the
Mahwah data center and sending it over their wireless network to the
Third Party Data Centers.54/55 Indeed, the Exchange
believes that its competitors' wireless connections provide
connectivity at the same or similar speed as the Wireless Market
Data Connections, and at the same or similar cost. The McKay Letter
acknowledges that McKay Brothers has the fastest wireless
network.55/56
    The Exchange notes that proximity to a data center is not the
only determinant of a wireless network's latency. Rather, the
latency of a wireless network depends on several factors. Variables
include the wireless equipment utilized; the route of, and number of
towers or buildings in, the network; and the fiber equipment used at
either end of the connection. Moreover, latency is not the only
consideration that a customer may have in selecting a wireless
network to connect to for market data. Other considerations may
include the amount of network uptime; the equipment that the network
uses; the cost of the connection; and the applicable contractual
provisions.
    The proposed change does not affect competition among national
securities exchanges or among members of the Exchange, but rather
between IDS and its commercial competitors.

50/51 15 U.S.C. 78f(b)(8).
51/52 McKay Letter, supra note 32/33, at note 33.
52/53 Id., at 7.
53/54 Based on the information available to it, the
Exchange believes that a market participant in the Carteret or
Secaucus Third Party Data Center may purchase a wireless connection
to the NYSE and NYSE Arca Integrated Feed data feeds from at least
two other providers of wireless connectivity.
54/55 A market participant in any of the Third Party Data
Centers or the Mahwah data center also may create a proprietary
wireless market data connection, connect through another market
participant, or utilize fiber connections offered by the Exchange,
ICE Affiliates, and other service providers and third party
telecommunications providers.
55/56 Id., at 4.

    8. The Exchange proposes to add a list under ``Exhibit 5--Text of
the Proposed Rule Change'' on page 23 of the Filing:
    The Exchange proposes to add a new Exhibit 5B. Accordingly, the
Exchange proposes to add a list under ``Exhibit 5--Text of Proposed
Rule Change'' on page 22 of the Filing, as follows (new text
italicized):

Exhibit 5--Text of the Proposed Rule Change

A. Text of the Proposed Schedule of Wireless Connectivity Fees and
Charges
B. Text of the Proposed Rule

    9. The Exchange proposes to add new text to the first full
paragraph of Section I on page 24 of the Exhibit 1:
    The Exchange proposes to add new text to the first full paragraph
of Section I on page 24 of the Exhibit 1, as follows (new text
italicized):

    The Exchange proposes to add wireless connectivity services that
transport the market data of the Exchange and certain affiliates to
the schedule of Wireless Connectivity Fees and Charge (the
``Wireless Fee Schedule'') and add a new rule to place restrictions
on the use of a pole on the grounds of the Mahwah, New Jersey data
center that is used for such wireless connectivity services. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

    10. The Exchange proposes to amend ``Exhibit 5'' to ``Exhibit 5A''
on page 55 of the Exhibit 5:
    To reflect the addition of a new Exhibit 5B, the Exchange proposes
to add ``A'' to ``EXHIBIT 5'' on page 55 of the Exhibit 5, to make it
``EXHIBIT 5A''.
* * * * *

    All other representations in the Filing remain as stated therein
and no other changes are being made.

III. Date of Effectiveness of the Proposed Rule Change As Modified By
Partial Amendment No. 1 and Timing for Commission Action

    Within 180 days after the date of publication of the initial Notice
of Filing in the Federal Register or within such longer period up to an
additional 60 days (i) as the Commission may designate if it finds such
longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will issue an order approving or disapproving such
proposed rule change, as amended.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended by Partial Amendment No. 1, 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-NYSEArca-2020-15 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-NYSEArca-2020-15. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2020-15, and should be
submitted on or before August 28, 2020.

    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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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-17250 Filed 8-6-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79294-79295]
[FR Doc No: 2022-28123]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10853-030]

Otter Tail Power Company; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Capacity Amendment of Diversion Dam
Reservoir.
    b. Project No: 10853-030.
    c. Date Filed: December 2, 2022.
    d. Applicant: Otter Tail Power Company (licensee).

    e. Name of Project: Otter Tail River Hydroelectric Project.
    f. Location: The project is located on the Otter Tail River, in
Otter Tail County, Minnesota. The project does not occupy federal
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a--825r.
    h. Applicant Contact: Darin Solberg, Superintendent, PO Box 496,
Fergus Falls, MN, 56538-0496,<PHONE_NUMBER>, [email protected].
    i. FERC Contact: Margaret Noonan,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: 30 days from the date of notice issuance.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-10853-030. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The applicant completed testing the use
of stoplogs at the Hoot Lake development to resolve compliance with
target water surface elevations at the Hoot Diversion reservoir. It has
filed a non-capacity amendment to incorporate the permanent use of
stoplogs in the culvert between the Hoot Diversion reservoir and Hoot
Lake to maintain target water surface elevations required in Article
401.\1\
---------------------------------------------------------------------------

    \1\ The target impoundment surface elevation at the Hoot
Diversion reservoir is 1,256.00 feet mean sea level.
---------------------------------------------------------------------------

    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: December 20, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-28123 Filed 12-23-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48368-48370]
[FR Doc No: 2018-20396]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31213; Amdt. No. 3817]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 25, 2018. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 25, 2018.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on September 7, 2018.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 11 October 2018

Alton/St Louis, IL, St Louis Rgnl, ILS OR LOC RWY 29, Amdt 12B
Alton/St Louis, IL, St Louis Rgnl, RNAV (GPS) RWY 11, Amdt 2B
Alton/St Louis, IL, St Louis Rgnl, RNAV (GPS) RWY 17, Amdt 1B
Alton/St Louis, IL, St Louis Rgnl, RNAV (GPS) RWY 29, Amdt 1B
Peru, IN, Peru Muni, RNAV (GPS) RWY 19, Amdt 1A
Peru, IN, Peru Muni, VOR RWY 1, Amdt 8D
Marquette, MI, Sawyer Intl, Takeoff Minimums and Obstacle DP, Amdt 1
South Haven, MI, South Haven Area Rgnl, RNAV (GPS) RWY 5, Amdt 1E
South Haven, MI, South Haven Area Rgnl, RNAV (GPS) RWY 23, Amdt 1E
South Haven, MI, South Haven Area Rgnl, VOR RWY 23, Amdt 11B
Mankato, MN, Mankato Rgnl, VOR RWY 15, Amdt 7B
Chillicothe, MO, Chillicothe Muni, RNAV (GPS) RWY 14, Orig-A
Buffalo, NY, Buffalo Niagara Intl, ILS OR LOC RWY 5, Amdt 17A
Buffalo, NY, Buffalo Niagara Intl, ILS OR LOC RWY 23, Amdt 32A
Buffalo, NY, Buffalo Niagara Intl, ILS OR LOC RWY 32, Amdt 2A
Eugene, OR, Mahlon Sweet Field, RNAV (RNP) Z RWY 16L, Amdt 1A
Eugene, OR, Mahlon Sweet Field, RNAV (RNP) Z RWY 16R, Amdt 1B
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
8R, ILS RWY 8R SA CAT I, ILS RWY 8R SA CAT II, Amdt 26
Houston, TX, George Bush Intercontinental/Houston, RNAV (RNP) Y RWY
8R, Amdt 1B
Houston, TX, George Bush Intercontinental/Houston, RNAV (RNP) Y RWY
26L, Orig-C

Effective 8 November 2018

Fairbanks, AK, Fairbanks Intl, ILS OR LOC RWY 2L, ILS RWY 2L SA CAT
I, ILS RWY 2L CAT II, ILS RWY 2L CAT III, Amdt 10B
Fairbanks, AK, Fairbanks Intl, ILS OR LOC RWY 20R, ILS RWY 20R SA
CAT I, ILS RWY 20R SA CAT II, Amdt 25B
Fairbanks, AK, Fairbanks Intl, VOR OR TACAN RWY 20R, Orig-B
Palmer, AK, Warren ``Bud'' Woods Palmer Muni, PALMER FIVE, Graphic
DP
Palmer, AK, Warren ``Bud'' Woods Palmer Muni, RNAV (GPS) RWY 10,
Amdt 2
Palmer, AK, Warren ``Bud'' Woods Palmer Muni, RNAV (GPS)-A, Amdt 1
Palmer, AK, Warren ``Bud'' Woods Palmer Muni, Takeoff Minimums and
Obstacle DP, Amdt 2B
St Mary's, AK, St Mary's, RNAV (GPS) RWY 35, Amdt 2D
Decatur, AL, Pryor Field Rgnl, RNAV (GPS) RWY 36, Amdt 2B
Bentonville, AR, Bentonville Muni/Louise M Thaden Field, RNAV (GPS)
RWY 18, Amdt 2
Bentonville, AR, Bentonville Muni/Louise M Thaden Field, RNAV (GPS)
RWY 36, Amdt 2
Bentonville, AR, Bentonville Muni/Louise M Thaden Field, VOR-A, Amdt
14
Nogales, AZ, Nogales Intl, NOGALES TWO, Graphic DP
Reedley, CA, Reedley Muni, RNAV (GPS) RWY 16, Orig
Reedley, CA, Reedley Muni, RNAV (GPS) RWY 34, Orig
Reedley, CA, Reedley Muni, Takeoff Minimums and Obstacle DP, Orig
San Luis Obispo, CA, San Luis County Rgnl, Takeoff Minimums and
Obstacle DP, Amdt 7
Sebastian, FL, Sebastian Muni, RNAV (GPS) RWY 5, Orig-C, CANCELED
Sebastian, FL, Sebastian Muni, RNAV (GPS) RWY 23, Orig-C, CANCELED
Sebastian, FL, Sebastian Muni, RNAV (GPS)-A, Orig
Sebastian, FL, Sebastian Muni, RNAV (GPS)-B, Orig
Denison, IA, Denison Muni, NDB RWY 30, Amdt 6A, CANCELED
Estherville, IA, Estherville Muni, RNAV (GPS) RWY 16, Amdt 1A
Estherville, IA, Estherville Muni, RNAV (GPS) RWY 34, Amdt 1A
Paynesville, MN, Paynesville Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
St Cloud, MN, St Cloud Rgnl, VOR RWY 31, Orig-B
Booneville/Baldwyn, MS, Booneville/Baldwyn, VOR-A, Amdt 1A
Livingston, MT, Mission Field, LIVINGSTON TWO, Graphic DP
Kinston, NC, Kinston Rgnl Jetport at Stallings Fld, VOR RWY 23, Amdt
16, CANCELED
Lincolnton, NC, Lincolnton-Lincoln County Rgnl, NDB RWY 23, Amdt 3B,
CANCELED
West Creek, NJ, Eagles Nest, Takeoff Minimums and Obstacle DP, Amdt
1
Tucumcari, NM, Tucumcari Muni, Takeoff Minimums and Obstacle DP,
Amdt 2B
Las Vegas, NV, North Las Vegas, Takeoff Minimums and Obstacle DP,
Amdt 3A
Springfield, OH, Springfield-Beckley Muni, ILS OR LOC RWY 24, Amdt
2, CANCELED
Springfield, OH, Springfield-Beckley Muni, VOR RWY 6, Amdt 11,
CANCELED
Springfield, OH, Springfield-Beckley Muni. VOR/DME RWY 33, Orig,
CANCELED
Versailles, OH, Darke County, RNAV (GPS) RWY 9, Amdt 1
Versailles, OH, Darke County, RNAV (GPS) RWY 27, Amdt 1
Versailles, OH, Darke County, Takeoff Minimums and Obstacle DP, Amdt
3
Wadsworth, OH, Wadsworth Muni, Takeoff Minimums and Obstacle DP,
Amdt 2
Creswell, OR, Hobby Field, HOBBY ONE, Graphic DP
Creswell, OR, Hobby Field, RNAV (GPS) RWY 16, Orig
Creswell, OR, Hobby Field, Takeoff Minimums and Obstacle DP, Orig
Tyler, TX, Tyler Pounds Rgnl, ILS OR LOC RWY 13, Amdt 22
Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) RWY 13, Amdt 3
Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) RWY 17, Amdt 1
Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) RWY 22, Amdt 3
Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) RWY 31, Amdt 3
Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) RWY 35, Amdt 1
Tyler, TX, Tyler Pounds Rgnl, VOR RWY 4, Amdt 5
Tyler, TX, Tyler Pounds Rgnl, VOR RWY 31, Amdt 3
Suffolk, VA, Suffolk Executive, LOC RWY 4, Amdt 6
Suffolk, VA, Suffolk Executive, RNAV (GPS) RWY 4, Amdt 4A
Vancouver, WA, Pearson Field, Takeoff Minimums and Obstacle DP, Amdt
4
Ashland, WI, John F Kennedy Memorial, LOC RWY 2, Amdt 1B
Ashland, WI, John F Kennedy Memorial, RNAV (GPS) RWY 20, Amdt 1B

[FR Doc. 2018-20396 Filed 9-24-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: November 2, 2005 (Volume 70, Number 211)]
[Notices]
[Page 66377]
[DOCID:fr02no05-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Independent Energy Producers Association, Complainant v.
California Independent System Operator Corporation, Respondent; Notice
of Technical Conference

October 25, 2005.
    The Federal Energy Regulatory Commission Staff is convening a
technical conference to discuss the issues raised in the above
referenced complaint submitted by the Independent Energy Producers
Association (IEP) against the California Independent System Operator
Corporation (CAISO). Specifically, the conference will address issues
related to the continuation of the CAISO's existing must-offer
obligation, details of any alternatives, such as the reliability
capacity service tariff proposed by IEP, and related implementation
issues.
    The technical conference will be held on Tuesday, November 8, 2005
and Wednesday, November 9, 2005, if necessary, from 9:30 a.m. to 5
p.m., EST, at the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.
    The conference is open for the public to attend, and registration
is not required. For more information about the conference, please
contact: Olga Kolotushkina at<PHONE_NUMBER> or
<EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
[FR Doc. E5-6032 Filed 11-1-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39411-39413]
[FR Doc No: 2012-16291]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0464]
RIN 1625-AA00

Safety Zone; Village of Sackets Harbor, Lake Ontario, Sackets
Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Ontario, Sackets Harbor, NY. This zone is intended to restrict
vessels from a portion of Lake Ontario during the Village of Sackets
Harbor Fireworks display. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with a
fireworks display.

DATES: This rule will be effective between 9:30 p.m. until 11:30 p.m.
on July 4, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2012-0464 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0464 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect spectators and
vessels from the hazards associated with a maritime fireworks display,
which are discussed further below. Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. For the same
reasons discussed in the preceding paragraph, waiting for a 30 day
notice period to run would be impracticable and contrary to the public
interest.

Background and Purpose

    Between 9:30 p.m. and 11:30 p.m. on July 4, 2012, a fireworks
display will be held on Lake Ontario in Sackets Harbor, NY. The Captain
of the Port Buffalo has determined that fireworks launched proximate to
a gathering of watercraft pose a significant risk to public safety and
property. Such hazards include premature and accidental detonations,
dangerous projectiles, and falling or burning debris.

Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Village of
Sackets Harbor Fireworks. This safety zone will be effective and
enforced from 9:30 p.m. until 11:30 p.m. on July 4, 2012. This zone
will encompass all waters of Lake Ontario, Sackets Harbor, NY within a
420 foot radius of position 43[deg]56'51.87'' N and 76[deg]07'46.98'' W
(NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone created by
this rule will be relatively small and enforced for relatively short
time. Also, the safety zone is designed to minimize its impact on
navigable waters. Furthermore, the safety zone has been designed to
allow vessels to transit around it. Thus, restrictions on vessel
movement within that particular area are expected to be minimal. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This temporary final rule may affect the following entities, some
of which may be small entities: The owners of operators of vessels
intending to transit or anchor in a portion of Lake Ontario,

Sackets Harbor, NY between 9:30 p.m. and 11:30 p.m. on July 4, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities because of the minimal amount of
time in which the safety zone will be enforced. This safety zone will
only be enforced for 120 minutes in a low commercial vessel traffic
area. Vessel traffic can pass safely around the zone. Before the
effective period, maritime advisories will be issued, which include a
Broadcast Notice to Mariners.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's
responsiveness.
    If this rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Christopher
Mercurio, Chief of Waterways Management, U.S. Coast Guard Sector
Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>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.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism

Unfunded Mandates Reform Act

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

Taking of Private Property

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

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.

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
because it will 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded
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 Instruction, because it involves the establishment of a safety
zone. A final 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 amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. 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. Add Sec.  165.T09-0464 to read as follows:

Sec.  165.T09-0464  Safety Zone; Village of Sackets Harbor Fireworks,
Lake Ontario, Sackets Harbor, NY.

    (a) Location. The safety zone will encompass all waters of Lake
Ontario, Sackets Harbor, NY within a 420 foot radius of position
43[deg]56'51.87'' N and 76[deg]07'46.98'' W (NAD 83).
    (b) Effective and Enforcement Period. This regulation will be
effective and will be enforced on July 4, 2012 from 9:30 p.m. until
11:30 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall 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 the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 18, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-16291 Filed 7-2-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40691-40692]
[FR Doc No: 2016-14758]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2146-199]

Alabama Power Company; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Capacity Amendment of License.
    b. Project No: P-2146-199.
    c. Date Filed: June 9, 2016.
    d. Applicant: Alabama Power Company (Alabama Power).
    e. Name of Project: Coosa River Project.
    f. Location: The project is located on the Coosa River, in Coosa,
Chilton, and Elmore counties, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: James F. Crew, Alabama Power Company, 600
North 18th Street, P.O. Box 2641, Birmingham, AL 35291-8180, (205) 257-
4265.
    i. FERC Contact: Zeena Aljibury,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: July 1, 2016.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end

of your comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-2146-199.
    k. Description of Request: Alabama Power requests approval to
modify Unit 1 at the Jordan Development to address significant
maintenance needs and to improve power and efficiency. The proposed
scope of work for Unit 1 includes complete turbine replacement, wicket
gate replacement, governor and servomotor system replacement, turbine
and thrust bearing refurbishment, and related component replacement.
Alabama Power also proposes to extend of vacuum breaker piping to
enhance Unit 1's aerating capability through a draft tube aeration
system that will be operated in a similar manner as Units 2, 3, and 4.
Alabama Power states the turbine replacement is not expected to result
in an increase to the total rated capacity or the maximum discharge of
the unit at rated conditions. Alabama Power notes that project
operations will not change, refurbishment will not include any
structural changes to the project facilities, and no changes will be
made to the project boundary.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits (P-2146) in the docket number field to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above. Agencies may obtain copies of the
application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works that are the subject of the license amendment.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: June 16, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-14758 Filed 6-21-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Page 57851]
[FR Doc No: 2020-20396]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. AD20-24-000; ER02-2001-000]

Electric Quarterly Report Users Group Meeting; Notice of Electric
Quarterly Report Users Group Meeting

    On August 3, 2020,\1\ the Federal Energy Regulatory Commission
(Commission) issued a notice that Commission staff will hold an
Electric Quarterly Report (EQR) Users Group meeting on September 23,
2020. The meeting will take place from 10:00 a.m. to 5:00 p.m. Eastern
Time. All interested persons are invited to participate. Access to the
meeting will be available via WebEx.
---------------------------------------------------------------------------

    \1\ 18 CFR 2.1 (2019).
---------------------------------------------------------------------------

    Commission staff is hereby supplementing the August 3, 2020 notice
with the agenda for discussion. During the meeting, Commission staff
and EQR users will discuss recent developments and potential
improvements to the EQR program and the EQR filing process. Questions
regarding the meeting may be emailed to<EMAIL_ADDRESS>    Please note that matters pending before the Commission and subject
to ex-parte limitations cannot be discussed at this meeting. An agenda
for the meeting follows.
    Information for the EQR Users Group Meeting, including a link to
the webcast, will be posted on the meeting event page on the
Commission's website, https://www.ferc.gov/news-events/events/electric-quarterly-report-eqr-user-group-meeting-09232020-1 prior to the event.
Due to the nature of the discussion, those wishing to participate are
required to register for the meeting through the WebEx link. There is
no registration fee. Questions may also be emailed prior to and during
the event to<EMAIL_ADDRESS>    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about the EQR Users Group meeting, please
contact Jeff Sanders of the Commission's Office of Enforcement at (202)
502-6455, or send an email to<EMAIL_ADDRESS>
    Dated: September 10, 2020.
Kimberly D. Bose,
Secretary.

Agenda

EQR Users Group Meeting; September 23, 2020

10:00 a.m.-10:15a.m. Introductions and Logistics
     Agenda Review
     Meeting Format for Comments and Questions
10:15 a.m.-11:15 a.m. Updates Since Last Meeting
     New EQR Webpage
     Elimination of EQR RSS Feed
     New EQR Validations and Errors
     June 18th Order Revising and Clarifying EQR Reporting
Requirements (171 FERC ] 61,214 (2020))
11:15 a.m.-12:00 p.m. Booked Out Power Transactions
     How do sellers define, classify, and capture data
related to booked out power transactions?
     How do sellers report their Booked-Out Power
transactions in the EQR?
     What can be done to provide further clarity on how
booked out power transactions should be reported to the EQR?
12:00 p.m.-1:00 p.m. Break
1:00 p.m.-4:00 p.m. EQR Reassessment
     Updates since last meeting
     EQR Reassessment Going Forward
     What is XBRL?
4:00 p.m.-4:55 p.m. Open Discussion--Feedback to topics received
from users
4:55 p.m.-5:00 p.m. Closing Remarks

[FR Doc. 2020-20396 Filed 9-15-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41211-41212]
[FR Doc No: 2016-14881]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-8304; Airspace Docket No. 15-AEA-15]

Amendment of Class D and Class E Airspace; Charlottesville, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E Airspace Designated as an Extension
to a Class D at Charlottesville-Albemarle Airport, Charlottesville, VA,
as the Azalea Park Non-Directional Radio Beacon (NDB) has been
decommissioned requiring airspace reconfiguration at the airport. Also,
the Notice to Airmen (NOTAM) part time status is removed from this
airspace. This action also updates the geographic coordinates of the
above airport and the University of Virginia Medical Center Heliport in
Class D and E airspace listed in this final rule. This action enhances
the safety and management of Instrument Flight Rules (IFR) operations
in the area.

DATES: Effective 0901 UTC, September 15, 2016. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class D and Class E airspace at Charlottesville-Albemarle
Airport, Charlottesville, VA.

History

    On March 28, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class D airspace, Class E
Surface Area Airspace, Class E Airspace Designated as an Extension to a
Class D, and Class E airspace extending upward from 700 feet above the
surface at Charlottesville-Albemarle Airport, Charlottesville, VA (81
FR 17118). The Azalea Park NDB has been decommissioned requiring
airspace reconfiguration at the airport. This action also to updates
the geographic coordinates of the airport and University of Virginia
Medical Center Heliport, and eliminates the NOTAM information that
reads, ``This Class E airspace area is effective during the specific
dates and time established in advance by Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory'' from the regulatory text of the Class
E airspace designated as an extension to Class D at Charlottesville-
Albemarle Airport, Charlottesville, VA. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received.
    Class D and E airspace designations are published in paragraphs
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.9Z dated
August 6, 2015, and effective September 15, 2015, which is incorporated
by reference in 14 CFR part 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class D airspace, Class E Surface Area Airspace, Class E
Airspace Designated as an Extension to a Class D, and Class E airspace
extending upward from 700 feet above the surface at Charlottesville-
Albemarle Airport, Charlottesville, VA. The Azalea Park NDB has been
decommissioned requiring airspace reconfiguration at the airport. This
action also updates the geographic coordinates of the airport and
University of Virginia Medical Center Heliport, and eliminates the
NOTAM information that reads, ``This Class E airspace area is effective
during the specific dates and time established in advance by Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory'' from the regulatory text
of the Class E airspace designated as an extension to Class D at
Charlottesville-Albemarle Airport, Charlottesville, VA.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a

regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that only affects air traffic procedures and
air navigation, it is certified that this rule, when promulgated, does
not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015,
effective September 15, 2015, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA VA D Charlottesville, VA [Amended]

Charlottesville-Albemarle Airport, VA
    (Lat. 38[deg]08'23'' N., long 78[deg]27'08'' W.)

    That airspace extending upward from the surface to and including
3,100 MSL within a 4.2-mile radius of the Charlottesville-Albemarle
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

AEA VA E2 Charlottesville, VA [Amended]

Charlottesville-Albemarle Airport, VA
    (Lat. 38[deg]08'23'' N., long 78[deg]27'08'' W.)

    That airspace extending upward from the surface within a 4.2-
mile radius of Charlottesville-Albemarle Airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

AEA VA E4 Charlottesville, VA [Amended]

Charlottesville-Albemarle Airport, VA
    (Lat. 38[deg]08'23'' N., long 78[deg]27'08'' W.)

    That airspace extending upward from the surface within 2.2 miles
each side of the 202[deg] bearing from Charlottesville-Albemarle
Airport extending from the 4.2-mile radius to 6-miles southwest of
the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA VA E5 Charlottesville, VA [Amended]

Charlottesville-Albemarle Airport, VA
    (Lat. 38[deg]08'23'' N., long 78[deg]27'08'' W.)
University of Virginia Medical Center Heliport
    (Lat. 38[deg]01'52'' N., long 78[deg]29'54'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Charlottesville-Albemarle Airport, and
within a 6-mile radius of the University of Virginia Medical Center
Heliport.

    Issued in College Park, Georgia, on June 16, 2016.
Debra L. Hogan,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2016-14881 Filed 6-23-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Rules and Regulations]
[Pages 67634-67635]
[FR Doc No: 2010-27799]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-2010-0186]
RIN-2126-AB27

Parts and Accessories Necessary for Safe Operation: Antilock
Brake Systems

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Direct final rule; confirmation of effective date.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
confirms the effective date of the direct final rule titled ``Parts and
Accessories Necessary for Safe Operation: Antilock Brake Systems,''
published on September 21, 2010, in the Federal Register (75 FR 57393).
This rule made permanent the existing requirement in the Federal Motor
Carrier Safety Regulations that each trailer with an antilock brake
system be equipped with an external malfunction indicator lamp.

DATES: This rule is effective November 22, 2010.

ADDRESSES: The docket for this rulemaking (FMCSA-2010-0186) is
available for inspection at http://www.regulations.gov. If you do not
have

access to the Internet, you may also view the docket by visiting 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. e.t., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, e-
mail or call Mr. Michael Huntley, Chief, Vehicle and Roadside
Operations Division (MC-PSV), Office of Bus and Truck Standards and
Operations, phone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On September 21, 2010, FMCSA published a
direct final rule entitled ``Parts and Accessories Necessary for Safe
Operation: Antilock Brake Systems'' in the Federal Register (75 FR
57393). This direct final rule amends 49 CFR Part 393 by requiring that
each trailer with an anitlock brake system be equipped with an external
malfunction indicator lamp. FMCSA used the Agency's direct final rule
procedures (75 FR 29915, May 28, 2010) because it was a routine and
non-controversial amendment, and the Agency did not expect any adverse
comments. The direct final rule advised the public that unless a
written adverse comment, or a written notice of intent to submit such
an adverse comment, was received by October 21, 2010, the Agency would
provide notice confirming the effective date. Because the Agency did
not receive any comments to the docket by October 21, 2010, the direct
final rule will become effective November 22, 2010.

    Issued on: October 27, 2010.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2010-27799 Filed 11-2-10; 8:45 am]
BILLING CODE 4910-EX-P


Technology for Sustainability Subcommittee

DRAFT AGENDA

Tuesday, January 23, 2007

9:00 am – 11:00 am Eastern Time

CONFERENCE CALL

Participation by Teleconference Only

9:00-9:15am	Welcome	Dr. John Giesy,

	- Introduction of Subcommittee Members	Subcommittee Chair

	- Overview of Subcommittee Objectives

	     and Purpose of Program Review

9:15-9:30 am	Administrative Procedures	Clois Slocum,

		Subcommittee DFO

9:30-10:00 am	ORD Overview	Mr. Jeff Morris,

Office of Research and Development

10:00-10:15 am	Overview of Technology for Sustainability	Dr. Gordon Evans,

	Program                                                             Office of Research and

		Development

10:15 – 10:25 am	Public Comment

10:25-10:40 am	Overview of Charge/	Dr. John Giesy,

	Rating Program Performance	Subcommittee Chair &

		Mr. Phillip Juengst,

Office of Research and Development

10:40-11:00 am 	Preparation for Next Call and Face-to-Face  	Dr. John Giesy,

	Meeting	Subcommittee Chair

	- Review Draft Agenda’s

	- Make Writing Assignments

	- Identify Additional Information Needs

11:00 am	Adjourn

            A Federal Advisory Committee for the U.S. Environmental Protection Agency’s Office of Research and Development


[Federal Register: March 12, 2007 (Volume 72, Number 47)]
[Notices]
[Page 11006-11007]
[DOCID:fr12mr07-61]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-337-000]

Columbia Gulf Transmission Company; Notice of Proposed Changes in
FERC Gas Tariff

March 6, 2007.
    Take notice that on March 1, 2007, Columbia Gulf Transmission
Company (Columbia Gulf) tendered for filing as part of its FERC Gas
Tariff, Second Revised Volume No. 1, the following revised tariff
sheets, with a proposed effective date of April 1, 2007:

Forty-second Revised Sheet No. 18
Thirtieth Revised Sheet No. 18A
Forty-third Revised Sheet No. 19

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to

the proceeding. Any person wishing to become a party must file a notice
of intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-4399 Filed 3-9-07; 8:45 am]

BILLING CODE 6717-01-P