[Federal Register: March 7, 2007 (Volume 72, Number 44)]
[Notices]
[Page 10285-10287]
[DOCID:fr07mr07-178]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55374; File No. SR-NYSEArca-2007-20]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to NYSE
Arca Marketplace Trading Sessions

February 28, 2007.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 26, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange filed the proposal pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed
rule change effective upon filing with the Commission.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes, through NYSE Arca Equities, to update the
list in NYSE Arca Equities Rule 7.34 of securities eligible to trade in
one or more, but not all three, of the Exchange's trading sessions. The
Exchange proposes to add to the list shares of certain Funds
(``Shares'') that are traded on NYSE Arca, L.L.C. (``NYSE Arca
Marketplace''), the equities trading facility of NYSE Arca Equities,
pursuant to unlisted trading privileges (``UTP''). The text of the
proposed rule change is available on the Exchange's Web site (http://www.nysearca.com
), at the principal office of the Exchange, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    NYSE Arca Equities Rule 7.34 currently provides, in part, that the
NYSE Arca Marketplace shall have three trading sessions each day: an
Opening Session (1 a.m. Pacific Time (``PT'') to 6:30 a.m. PT), a Core
Trading Session (6:30 a.m. PT to 1 p.m. PT) and a Late Trading Session
(1 p.m. PT to 5 p.m. PT), and that the Core Trading Session for
securities described in NYSE Arca Equities Rules 5.1(b)(13),
5.1(b)(18), 5.2(j)(3), 8.100, 8.200, 8.201, 8.202, 8.203, 8.300, and
8.400 (each, a ``Derivative Securities Product'') shall conclude at
1:15 pm PT.\5\
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    \5\ NYSE Arca Equities Rules 5.1(b)(13), 5.2(j)(3), 8.100,
8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 relate to Unit
Investment Trusts, Investment Company Units, Portfolio Depositary
Receipts, Trust Issued Receipts, Commodity-Based Trust Shares,
Currency Trust Shares, Commodity Index Trust Shares, Partnership
Units, and Paired Trust Shares, respectively. See Securities
Exchange Act Release No. 54997 (December 21, 2006), 71 FR 78501
(December 29, 2006) (SR-NYSEArca-2006-77) (amending NYSE Arca
Equities Rule 7.34).

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    NYSE Arca Equities Rule 7.34 includes a list of those securities
which are eligible to trade in one or more, but not all three, of the
Exchange's trading sessions. The Exchange maintains on its Internet Web
site (http://www.nysearca.com) a list that identifies all securities

traded on the NYSE Arca Marketplace that do not trade for the duration
of each of the three sessions specified in NYSE Arca Equities Rule
7.34.
    The Exchange proposes to add the following securities to these
lists: (1) Ultra Russell MidCap Growth ProShares; (2) Ultra Russell
MidCap Value ProShares; (3) Ultra Russell1000 Growth ProShares; (4)
Ultra Russell1000 Value ProShares; (5) Ultra Russell2000 Growth
ProShares; (6) Ultra Russell2000 Value ProShares; (7) UltraShort
Russell MidCap Growth ProShares; (8) UltraShort Russell MidCap Value
ProShares; (9) UltraShort Russell1000 Growth ProShares; (10) UltraShort
Russell1000 Value ProShares; (11) UltraShort Russell2000 Growth
ProShares; and (12) UltraShort Russell2000 Value ProShares
(``Funds'').\6\
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    \6\ The Commission has approved the trading of the Shares of the
Funds on the NYSE Arca Marketplace pursuant to UTP. See Securities
Exchange Act Release No. 55125 (January 18, 2007), 72 FR 3462
(January 25, 2007) (SR-NYSEArca-2006-87).
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    These securities are traded on the Exchange pursuant to UTP and are
Investment Company Units, described in Exchange Rule 5.2(j)(3).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(5),\8\ in particular, in that it is designed
to facilitate transactions in securities, to promote just and equitable
principles of trade, to enhance competition, and to protect investors
and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act\9\ and
Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires an exchange to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Commission has
determined to waive the five-day pre-filing notice requirement in
this case.
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    The Exchange has asked the Commission to waive the 30-day operative
delay. The Commission believes that such waiver is consistent with the
protection of investors and the public interest because the proposed
rule change should provide transparency and more clarity with respect
to the trading hours eligibility of certain derivative securities
products and should promote consistency in the trading halts of
derivative securities. The Commission notes that this filing does not
change the trading hours of the Derivative Securities Products listed
in NYSE Arca Equities Rule 7.34, but codifies trading hour sessions
that have been established through other rule changes or through the
use of the Exchange's generic listing standards pursuant to Rule 19b-
4(e) under the Act. For these reasons, the Commission designates the
proposed rule change as operative immediately.\11\
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    \11\ For purposes only of waiving the operative date of this
proposal, the Commission has considered the rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSEArca-2007-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-20. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File number SR-NYSEArca-2007-20 and should be submitted by or before
March 28, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3883 Filed 3-5-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15404-15406]
[FR Doc No: 2016-06395]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0070]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 36 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the vision requirement in one eye for
various reasons. The exemptions will enable these individuals to
operate commercial motor vehicles (CMVs) in interstate commerce without
meeting the prescribed vision requirement in one eye. The Agency has
concluded that granting these exemptions will provide a level of safety
that is equivalent to or greater than the level of safety maintained
without the exemptions for these CMV drivers.

DATES: The exemptions were granted December 3, 2015. The exemptions
expire on December 3, 2017.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

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

II. Background

    On November 2, 2015, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (80 FR 67476). That notice listed 36 applicants' case
histories. The 36 individuals applied for exemptions from the vision
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the 36 applications on their merits
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least
70[deg] in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing red, green,
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their vision
limitation and demonstrated their ability to drive safely. The 36
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, aniridia, anisotropic amblyopia, Best
disease, branch retinal artery occlusion, chronic retinal detachment,
complete loss of vision, corneal scar, fibrovascular

ingrowth, hypertropia, macular degeneration, macular edema, macular
scar, partial coloboma, prosthetic eye, pseudophakia, refractive
amblyopia, retinal detachment, retinal vein occlusion, strabismic
amblyopia. In most cases, their eye conditions were not recently
developed. Twenty-six of the applicants were either born with their
vision impairments or have had them since childhood.
    The 10 individuals that sustained their vision conditions as adults
have had it for a range of 2 to 54 years.
    Although each applicant has one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for
their State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a CMV, with their
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 36 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision in careers ranging for 3 to 54
years. In the past three years, 2 drivers were involved in crashes, and
3 drivers were convicted of moving violations in CMVs.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the November 2, 2015
notice (80 FR 67476).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 36 applicants, 2 drivers were involved in crashes, and 3 drivers
were convicted of moving violations in a CMV. All the applicants
achieved a record of safety while driving with their vision impairment,
demonstrating the likelihood that they have adapted their driving
skills to accommodate their condition. As the applicants' ample driving
histories with their vision deficiencies are good predictors of future
performance, FMCSA concludes their ability to drive safely can be
projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision requirement
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 36 applicants listed in the notice of
November 2, 2015 (80 FR 67476).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 36

individuals consistent with the grandfathering provisions applied to
drivers who participated in the Agency's vision waiver program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the requirement in 49 CFR
391.41(b)(10) and (b) by a medical examiner who attests that the
individual is otherwise physically qualified under 49 CFR 391.41; (2)
that each individual provide a copy of the ophthalmologist's or
optometrist's report to the medical examiner at the time of the annual
medical examination; and (3) that each individual provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must have a
copy of the certification when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 36 exemption applications, FMCSA
exempts the following drivers from the vision requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above (49 CFR
391.64(b)):

Raymond H. Annis (CA)
Joseph A. Basista (PA)
James T. Bauer (PA)
Duane W. Brzuchalski (AZ)
John D. Burns, Jr. (NY)
Stephen J. Calandrino (PA)
Randall S. Canedy (PA)
Rufus A. Dennis (TN)
David Diamond (IL)
David D. Frey (FL)
Jason T. Glaude (ME)
Patrick Griffin (OK)
Roger J. Hansen (WI)
Elvin M. Hursh (PA)
Tommy R. Jefferies (FL)
Jeffrey A. Keefer (OH)
Dale R. Knuppel (CO)
James J. Kopesky (WI)
Richard W. Korthanke (KS)
William E. Leimkuehler (CA)
Michael R. Letson (MI)
Jose A. Marco (TX)
Cole W. McLaughlin (SD)
Javier R. Morales (CA)
Clarence L. Ogle (SD)
Roy A. Quesada (PA)
Rafael Quintero (TX)
Clark M. Robinson (SC)
Donald L. Schoendienst (MO)
Wesley C. Slattery (KS)
James J. Slemmer, Jr. (PA)
Jeffrey W. Smith (NC)
Mark R. Stevens (IA)
Kevin A. Szafranski (ND)
Gerry W. Talbott (VA)
Raymond W. Teemer (NJ)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: March 16, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-06395 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Page 72482]
[FR Doc No: 2011-30200]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65776; File No. SR-Phlx-2011-131]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Granting Approval of Proposed Rule Change Expanding the Short Term
Option Series Program

November 17, 2011.

I. Introduction

    On September 28, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to expand the Short Term Option Program
(``Program'') to allow the Exchange to: (1) Select up to 30 option
classes on which Short Term Option Series (``STO Series'') may be
listed; and (2) open Short Term Option Series that are opened by other
securities exchanges in option classes selected by such exchanges under
their respective short term option rules. The proposed rule change was
published for comment in the Federal Register on October 17, 2011.\3\
The Commission received no comment letters on the proposal. This order
approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 65529 (October 11,
2011), 76 FR 64144 (``Notice'').
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II. Description of the Proposal

    The Exchange proposed to amend Rule 1012 (Series of Options Open
for Trading) and Rule 1101A (Terms of Option Contracts) to expand the
Short Term Option Series Program (``STO Program'' or ``Program'') to:
(1) Increase from 15 to 30 the number of option classes on which STO
Series may be opened; and (2) allow the Exchange to open STO Series
that are opened by other securities exchanges (the ``STO Exchanges'')
in option classes selected by such exchanges under their respective
short term option rules.
    In the Notice, the Exchange stated that the principal reason for
the proposed expansion is market demand for additional STO classes and
series. The Exchange stated that it has had to turn away STO customers
because it could not list, or had to delist, STO Series or could not
open adequate STO Series because of restrictions in the STO Program.
    The Exchange also stated that it has analyzed its capacity, and
represented that it and the Options Price Reporting Authority
(``OPRA'') have the necessary systems capacity to handle the potential
additional traffic associated with trading of an expanded number of
classes in the Program.

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\4\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\5\ which requires, among other things, that
the rules of a national securities exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Commission
believes that the proposal strikes a reasonable balance between the
Exchange's desire to offer a wider array of investment opportunities
and the need to avoid unnecessary proliferation of options series.
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    \4\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
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    In approving this proposal, the Commission notes that Exchange has
represented that it and OPRA have the necessary systems capacity to
handle the potential additional traffic associated with trading of an
expanded number of classes in the Program. The Commission expects the
Exchange to monitor the trading volume associated with the additional
options series listed as a result of this proposal and the effect of
these additional series on market fragmentation and on the capacity of
the Exchange's, OPRA's, and vendors' automated systems.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (SR-Phlx-2011-131) be, and it
hereby is, approved.
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    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30200 Filed 11-22-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Notices]
[Pages 34147-34149]
[FR Doc No: 2018-15386]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

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                                                   Chief executive officer of                                                                 Community
   State and county      Location and case No.             community                 Community map repository        Date of modification        No.
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Connecticut: New Haven  City of New Haven (18-  The Honorable Toni N. Harp,      Planning Department, 165 Church  June 22, 2018............       090084
 (FEMA Docket No.: B-    01-0359P).              Mayor, City of New Haven, 165    Street, New Haven, CT 06510.
 1821).                                          Church Street, New Haven, CT
                                                 06510.
Florida:
    Broward (FEMA       City of Hollywood (17-  The Honorable Josh Levy, Mayor,  City Hall, 2600 Hollywood        June 20, 2018............       125113
     Docket No.: B-      04-3432P).              City of Hollywood, P.O. Box      Boulevard, Hollywood, FL
     1821).                                      229405, Hollywood, FL 33022.     33020.

    Collier (FEMA       Unincorporated areas    The Honorable Penny Taylor,      Collier County Administrative    June 14, 2018............       120067
     Docket No.: B-      of Collier County (18-  Chair, Collier County Board of   Building, 3301 East Tamiami
     1816).              04-0709P).              Commissioners, 3299 Tamiami      Trail, Building F, 1st Floor,
                                                 Trail East, Suite 303, Naples,   Naples, FL 34112.
                                                 FL 34112.
    Lee (FEMA Docket    City of Sanibel, (17-   The Honorable Kevin Ruane,       Planning Department, 800 Dunlop  June 25, 2018............       120402
     No.: B-1821).       04-7625P).              Mayor, City of Sanibel, 800      Road, Sanibel, FL 33957.
                                                 Dunlop Road, Sanibel, FL
                                                 33957.
    Lee (FEMA Docket    Town of Fort Myers      The Honorable Dennis C. Boback,  Community Development            June 14, 2018............       120673
     No.: B-1816).       Beach (18-04-0640P).    Mayor, Town of Fort Myers        Department, 2525 Estero
                                                 Beach, 2525 Estero Boulevard,    Boulevard, Fort Myers Beach,
                                                 Fort Myers Beach, FL 33931.      FL 33931.
    Manatee (FEMA       City of Bradenton (18-  The Honorable Wayne H. Poston,   City Hall, 101 Old Main Street   June 15, 2018............       120155
     Docket No.: B-      04-1119P).              Mayor, City of Bradenton, 101    West, Bradenton, FL 34205.
     1816).                                      Old Main Street West,
                                                 Bradenton, FL 34205.
    Manatee (FEMA       Unincorporated areas    The Honorable Betsy Benac,       Manatee County Building and      June 15, 2018............       120153
     Docket No.: B-      of Manatee County (18-  Chair, Manatee County Board of   Development Services
     1816).              04-1119P).              Commissioners, P.O. Box 1000,    Department, 1112 Manatee
                                                 Bradenton, FL 34206.             Avenue West, Bradenton, FL
                                                                                34205.
    Miami-Dade (FEMA    City of Miami (17-04-   The Honorable Francis Suarez,    Building Department, 444         June 20, 2018............       120650
     Docket No.: B-      7381P).                 Mayor, City of Miami, 3500 Pan   Southwest 2nd Avenue, Miami,
     1821).                                      American Drive, Miami, FL        FL 33133.
                                                 33133.
    Monroe (FEMA        Unincorporated areas    The Honorable David Rice,        Monroe County Building           June 15, 2018............       125129
     Docket No.: B-      of Monroe County (18-   Mayor, Monroe County Board of    Department, 9805 Overseas
     1821).              04-0838P).              Commissioners, 9400 Overseas     Highway, Suite 300, Marathon,
                                                 Highway, Suite 210, Marathon,    FL 33050.
                                                 FL 33050.
    Pinellas (FEMA      City of Clearwater (18- The Honorable George N.          Engineering Department, 100      June 25, 2018............       125096
     Docket No.: B-      04-0912P).              Cretekos, Mayor, City of         South Myrtle Avenue, Suite
     1821).                                      Clearwater, P.O. Box 4748,       220, Clearwater, FL 33758.
                                                 Clearwater, FL 33758.
    Sarasota (FEMA      Unincorporated areas    The Honorable Nancy Detert,      Sarasota County Planning and     June 15, 2018............       125144
     Docket No.: B-      of Sarasota County      Chair, Sarasota County Board     Development Services
     1821).              (18-04-1102P).          of Commissioners, 1660           Department, 1001 Sarasota
                                                 Ringling Boulevard, Sarasota,    Center Boulevard, Sarasota, FL
                                                 FL 34236.                        34240.
    Seminole (FEMA      City of Oviedo (17-04-  The Honorable Dominic            Public Works Department, 1655    June 15, 2018............       120293
     Docket No.: B-      2581P).                 Persampiere, Mayor, City of      Evans Street, Oviedo, FL
     1821).                                      Oviedo, 400 Alexandria           32765.
                                                 Boulevard, Oviedo, FL 32765.
    Seminole (FEMA      Unincorporated areas    The Honorable John Horan,        Seminole County Development      June 15, 2018............       120289
     Docket No.: B-      of Seminole County      Chairman, Seminole County        Review Division, 1101 East 1st
     1821).              (17-04-2581P).          Board of Commissioners, 1101     Street, Sanford, FL 32771.
                                                 East 1st Street, Sanford, FL
                                                 32771.
Maryland: Prince        Unincorporated areas    The Honorable Rushern L. Baker,  Prince George's County           June 20, 2018............       245208
 George's (FEMA Docket   of Prince George's      III, Prince George's County      Department of Stormwater
 No.: B-1821).           County (17-03-2338P).   Executive, 14741 Governor Oden   Management, 1801 McCormick
                                                 Bowie Drive, Upper Marlboro,     Drive, Largo, MD 20774.
                                                 MD 20772.
North Carolina:
    Wake (FEMA Docket   City of Raleigh (16-04- The Honorable Nancy McFarlane,   Stormwater Management Division,  June 27, 2018............       370243
     No.: B-1821).       2597P).                 Mayor, City of Raleigh, P.O.     1 Exchange Plaza, Suite 304,
                                                 Box 590, Raleigh, NC 27602.      Raleigh, NC 27601.
    Wake (FEMA Docket   City of Raleigh (16-04- The Honorable Nancy McFarlane,   Stormwater Management Division,  June 27, 2018............       370243
     No.: B-1821).       2710P).                 Mayor, City of Raleigh, P.O.     1 Exchange Plaza, Suite 304,
                                                 Box 590, Raleigh, NC 27602.      Raleigh, NC 27601.
    Wake (FEMA Docket   Town of Knightdale (16- The Honorable James Roberson,    Town Hall, 950 Steeple Square    June 27, 2018............       370241
     No.: B-1821).       04-2597P).              Mayor, Town of Knightdale, 950   Court, Knightdale, NC 27545.
                                                 Steeple Square Court,
                                                 Knightdale, NC 27545.
Oklahoma: Grady (FEMA   City of Chickasha (17-  Mr. John Noblitt, Manager, City  City Hall, 117 North 4th         June 11, 2018............       400234
 Docket No.: B-1816).    06-2589P).              of Chickasha,117 North 4th       Street, Chickasha, OK 73018.
                                                 Street, Chickasha, OK 73018.
Pennsylvania:
    Bedford (FEMA       Borough of Hyndman (17- The Honorable Newton Huffman,    Borough Hall, 3945 Center        June 25, 2018............       420121
     Docket No.: B-      03-2585P).              Mayor, Borough of Hyndman,       Street, Hyndman, PA 15545.
     1821).                                      P.O. Box 74, Hyndman, PA
                                                 15545.
    Bedford (FEMA       Township of             The Honorable Stephen Stouffer,  Township Hall, 4303 Hyndman      June 25, 2018............       421345
     Docket No.: B-      Londonderry (17-03-     Chairman, Township of            Road, Hyndman, PA 15545.
     1821).              2585P).                 Londonderry Board of
                                                 Supervisors, P.O. Box 215,
                                                 Hyndman, PA 15545.
    Lancaster (FEMA     Township of Manheim     Mr. Sean P. Molchany, Manager-   Township Hall, 1840 Municipal    June 15, 2018............       420556
     Docket No.: B-      (17-03-1486P).          Secretary, Township of           Drive, Lancaster, PA 17601.
     1821).                                      Manheim, 1840 Municipal Drive,
                                                 Lancaster, PA 17601.
    Lancaster (FEMA     Township of Warwick     Mr. Daniel L. Zimmerman,         Township Hall, 315 Clay Road,    June 15, 2018............       421786
     Docket No.: B-      (18-03-0392P).          Manager, Township of Warwick,    Lititz, PA 17543.
     1816).                                      P.O. Box 308, Lititz, PA
                                                 17543.
    Lycoming (FEMA      Township of Loyalsock   Mr. William Burdett, Manager,    Township Hall, 2501 East 3rd     June 19, 2018............       421040
     Docket No.: B-      (18-03-0265P).          Township of Loyalsock, 2501      Street, Williamsport, PA
     1821).                                      East 3rd Street, Williamsport,   17701.
                                                 PA 17701.

    Somerset (FEMA      Borough of Rockwood     The Honorable Melissa Cramer,    Borough Hall, 669 Somerset       June 20, 2018............       422045
     Docket No.: B-      (18-03-0266P).          Mayor, Borough of Rockwood,      Avenue, Rockwood, PA 15557.
     1821).                                      669 Somerset Avenue, Rockwood,
                                                 PA 15557.
South Carolina:
    Berkley (FEMA       Unincorporated areas    The Honorable William W.         Berkeley County Planning and     June 14, 2018............       450029
     Docket No.: B-      of Berkley County (17-  Peagler, III, Berkley County     Zoning Department, 1003
     1816).              04-5508P).              Supervisor, P.O. Box 6122,       Highway 52, Moncks Corner, SC
                                                 Moncks Corner, SC 29461.         29461.
    Charleston (FEMA    City of Folly Beach     The Honorable Timothy M.         Building Department, 21 Center   June 20, 2018............       455415
     Docket No.: B-      (17-04-4686P).          Goodwin, Mayor, City of Folly    Street, Folly Beach, SC 29439.
     1821).                                      Beach, P.O. Box 48, Folly
                                                 Beach, SC 29439.
South Dakota: Lawrence  City of Spearfish (18-  The Honorable Dana Boke, Mayor,  City Hall, 625 North 5th         June 13, 2018............       460046
 (FEMA Docket No.: B-    08-0192P).              City of Spearfish, 625 North     Street, Spearfish, SD 57783.
 1816).                                          5th Street, Spearfish, SD
                                                 57783.
Texas:
    Bexar (FEMA Docket  City of San Antonio     The Honorable Ron Nirenberg,     Transportation and Capital       June 25, 2018............       480045
     No.: B-1821).       (17-06-0568P).          Mayor, City of San Antonio,      Improvements Department, Storm
                                                 P.O. Box 839966, San Antonio,    Water Division, 1901 South
                                                 TX 78283.                        Alamo Street, 2nd Floor, San
                                                                                Antonio, TX 78204.
    Collin (FEMA        Town of Plano (17-06-   The Honorable Harry              Engineering Department, 1520 K   June 15, 2018............       480140
     Docket No.: B-      3654P).                 LaRosiliere, Mayor, City of      Avenue, Plano, TX 75074.
     1821).                                      Plano, 1520 K Avenue, Plano,
                                                 TX 75074.
    Collin (FEMA        Town of Prosper         The Honorable Ray Smith, Mayor,  Engineering Services             June 14, 2018............       480141
     Docket No.: B-      (18[dash]06[dash]0355   Town of Prosper, P.O. Box 307,   Department, 409 East 1st
     1816).              P).                     Prosper, TX 75078.               Street, Prosper, TX 75078.
    El Paso (FEMA       City of El Paso (18-06- Mr. Tommy Gonzales, Manager,     City Hall, 801 Texas Avenue, El  June 18, 2018............       480214
     Docket No.: B-      0747P).                 City of El Paso, 300 North       Paso, TX 79901.
     1821).                                      Campbell Street, El Paso, TX
                                                 79901.
    El Paso (FEMA       City of El Paso (18-06- Mr. Tommy Gonzales, Manager,     City Hall, 801 Texas Avenue, El  June 12, 2018............       480214
     Docket No.: B-      0885P).                 City of El Paso, 300 North       Paso, TX 79901.
     1816).                                      Campbell Street, El Paso, TX
                                                 79901.
    Fort Bend (FEMA     City of Rosenberg (17-  The Honorable William T.         City Hall, 2110 4th Street,      June 12, 2018............       480232
     Docket No.: B-      06-3041P).              ``Bill'' Benton, Mayor, City     Rosenberg, TX 77471.
     1816).                                      of Rosenberg, P.O. Box 32,
                                                 Rosenberg, TX 77471.
    Fort Bend (FEMA     Unincorporated areas    The Honorable Robert Hebert,     Fort Bend County Engineering     June 12, 2018............       480228
     Docket No.: B-      of Fort Bend County     Fort Bend County Judge, 401      Department, 301 Jackson
     1816).              (17-06-3041P).          Jackson Street, Richmond, TX     Street, Richmond, TX 77469.
                                                 77469.
    Harris (FEMA        Unincorporated areas    The Honorable Edward M. Emmett,  Harris County Permit Office,     June 11, 2018............       480287
     Docket No.: B-      of Harris County (17-   Harris County Judge, 1001        10555 Northwest Freeway, Suite
     1821).              06-1728P).              Preston Street, Suite 911,       120, Houston, TX 77002.
                                                 Houston, TX 77002.
    Harris (FEMA        Unincorporated areas    The Honorable Edward M. Emmett,  Harris County Permit Office,     June 11, 2018............       480287
     Docket No.: B-      of Harris County (17-   Harris County Judge, 1001        10555 Northwest Freeway, Suite
     1821).              06-3887P).              Preston Street, Suite 911,       120, Houston, TX 77002.
                                                 Houston, TX 77002.
    Harris (FEMA        Unincorporated areas    The Honorable Edward M. Emmett,  Harris County Permit Office,     June 18, 2018............       480287
     Docket No.: B-      of Harris County (18-   Harris County Judge, 1001        10555 Northwest Freeway, Suite
     1821).              06-0276P).              Preston Street, Suite 911,       120, Houston, TX 77002.
                                                 Houston, TX 77002.
    Tarrant (FEMA       City of Fort Worth (17- The Honorable Betsy Price,       Transportation and Public Works  June 25, 2018............       480596
     Docket No.: B-      06-4262P).              Mayor, City of Fort Worth, 200   Department, 200 Texas Street,
     1821).                                      Texas Street, Fort Worth, TX     Fort Worth, TX 76102.
                                                 76102.
    Travis (FEMA        City of Pflugerville    The Honorable Victor Gonzales,   Development Services             June 18, 2018............       481028
     Docket No.: B-      (17-06-3914P).          Mayor, City of Pflugerville,     Department, 201-B East Pecan
     1816).                                      P.O. Box 589, Pflugerville, TX   Street, Pflugerville, TX
                                                 78691.                           78691.
Utah: Box Elder (FEMA   City of Perry City (17- The Honorable Kevin Jeppsen,     City Hall, 3005 South 1200       June 14, 2018............       490010
 Docket No.: B-1816).    08-1022P).              Mayor, City of Perry City,       West, Perry City, UT 84302.
                                                 3005 South 1200 West,Perry
                                                 City, UT 84302.
Virginia: Fairfax       Unincorporated areas    Mr. Bryan Hill, Fairfax County   Fairfax County Government        June 20, 2018............       515525
 (FEMA Docket No.: B-    of Fairfax County (17-  Executive, 12000 Government      Center, 12000 Government
 1821).                  03-2338P).              Center Parkway, Fairfax, VA      Center Parkway, Suite 449,
                                                 22035.                           Fairfax, VA 22035.
Wyoming: Teton (FEMA    Unincorporated areas    The Honorable Mark Newcomb,      Teton County Engineering         June 14, 2018............       560094
 Docket No.: B-1816).    of Teton County (17-    Chairman, Teton County Board     Department, 320 South King
                         08-0693P).              of Commissioners, P.O. Box       Street, Jackson, WY 83001.
                                                 3594, Jackson, WY 83001.
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[FR Doc. 2018-15386 Filed 7-18-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17472-17473]
[FR Doc No: 2011-7310]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Meeting/Notice of Availability, Review, and Comment on
Preliminary Alternatives for the Development of an Air Tour Management
Plan for Hawaii Volcanoes National Park, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting, request for comments, and
availability of preliminary alternatives.

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SUMMARY: This notice announces the availability of preliminary air tour
alternatives and announces meetings hosted by the National Park
Service, Hawaii Volcanoes National Park and the FAA's Air Tour
Management Program. The purpose of the meetings is to introduce
proposed alternatives to the public which contain routes and altitudes
used by air tour operators when providing air tours of the Hawaii
Volcanoes National Park. The meetings provide an opportunity for the
public to review and comment on alternatives.

DATES: Comment Period: Comments must be received on or before June 6,
2011.
    Meetings: The meetings will be held at the following locations,
dates, and times:

Volcano, Hawaii
Monday, April 18, 2011, 5:30-7:30 p.m.
    Hawaii Volcanoes National Park, Klauea Visitor Center, 1 Crater Rim
Drive, Phoa, Hawaii.
Tuesday, April 19, 2011, 5-7 p.m.
    Phoa Community Center, 15-2910 Puna Rd., Namacrehu, Hawaii.
Wednesday, April 20, 2011, 5-7 p.m.
    Nalehu Community Center, 95-5635 Mamalahoa Highway.

FOR FURTHER INFORMATION CONTACT: Ms. Vicki McCusker, National Park
Service, Natural Resource Program Center, Natural Sounds and Night
Skies Division, 1201 Oakridge Drive, Suite 100, Fort Collins, CO 80525;
telephone:<PHONE_NUMBER> or Mr. Larry Tonish, Federal Aviation
Administration, Air Tour Management Program, AWP-1SP, 15000 Aviation
Blvd., Hawthorne, CA 90250; telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA is issuing this notice pursuant to
the National Parks Air Tour Management Act of 2000 (Pub. L. 106-181)
and its implementing regulations contained in Title 14, Code of Federal
Regulations, Part 136, National Parks Air Tour Management. The public
is invited to review and provide comment on alternatives in the
development of an Air Tour Management Plan (ATMP) for the Hawaii
Volcanoes National Park. The FAA is the Lead Agency and the NPS is a
Cooperating Agency in the development of an Environmental Impact
Statement (EIS), an ATMP, and associated rulemaking actions which
comply with the National Environmental Policy Act of 1969 (NEPA)
requirements.
    The EIS is being prepared in accordance with FAA Order 1050.1E,
environmental Impacts: Policies and Procedures, NPS Director's
Order12: Conservation Planning, Environmental Impact Analysis,
and Decision-making,

and NPS Management Policies. The FAA is now inviting the public,
agencies, and other interested parties to provide comments,
suggestions, and input regarding the range of alternatives and the
potential impacts and effects of the alternatives on commercial air
tours, natural resources, congressionally designated wilderness,
cultural resources, and the park visitor experience.
    Attendance is open to the interested public but limited to space
availability. The FAA requests that comments be as specific as possible
in response to actions that are being proposed under this notice. Both
oral and written comments will be accepted during these meetings.
Agency personnel will be available to document your spoken comments.
All written comments become part of the official record along with
previously submitted scoping comments. Written comments on the
preliminary alternatives should be submitted at the public meetings,
electronically via the electronic public comment form on the NPS
Planning, Environment and Public Comment System at: http://parkplanning.nps.gov/documentsAndLinks.cfm?projectID=29122 or sent to
the mailing addresses listed in the FOR FURTHER INFORMATION CONTACT
section.
    Documents that describe the Hawaii Volcanoes National Park ATMP
project in greater detail and the preliminary ATMP alternatives under
consideration are available online at the following Web addresses:
     FAA Air Tour Management Plan Program Web site, http://www.faa.gov/about/office_org/headquarters_offices/arc/programs/air_tour_management_plan/.
     NPS Planning, Environment and Public Comment Web site at:
http://parkplanning.nps.gov/documentsAndLinks.cfm?projectID=29122.
     Hawaii Volcanoes National Park Web site at http://www.nps.gov/havo/parkmgmt/plan.htm.
    A newsletter containing descriptions and drawings of preliminary
alternatives may be obtained after April 8, 2011 at the following
Hawaii Island locations or by contacting those names given in the FOR
FURTHER INFORMATION CONTACT section.
     Klauea Visitor Center, Hawaii Volcanoes National Park,
Hawaii National Park, HI.
     Hilo Public Library, 300 Waianuenue Ave., Hilo, HI.
     Kailua-Kona Public Library, 75-138 Hualalai Rd., Kailua-
Kona, HI.
     Mountain View Public Library, 1235 Volcano Highway,
Mountain View, HI.
     Phoa Public Library, 15-3038 Puna Rd., P[amacr]hoa, HI.
     Nlehu Public Library, 95 5669 Mamalahoa Highway, Nlehu,
HI.
     Thelma Parker Memorial Public Library, 59-1207 Mamalahoa
Highway, Waimea (Kamuela), HI.

    Issued in Hawthorne, California on March 18, 2011.
Larry Tonish,
Program Manager, Air Tour Management Program.
[FR Doc. 2011-7310 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Page 73133]
[FR Doc No: 2014-28732]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-141]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before December 29, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0947 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>. 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 1, 2014.
James M. Crotty,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0947.
    Petitioner: SkyWard IO, Inc.
    Section of 14 CFR Affected: parts 21, 49, 61, 67; Sec. Sec.
45.23(b), 47.16, 91.9(b) and (c), 91.109, 91.111, 91.113, 91.115,
91.119, 91.121, 91.151, 91.155, 91.203(a) and (b), 91.215, 91.319, and
91.413.
    Description of Relief Sought: The petitioner is requesting relief
to commercially operate its small unmanned aircraft systems (sUAS) in
order to pursue research and development of those sUAS and associated
sUAS software within defined areas of operation.

[FR Doc. 2014-28732 Filed 12-8-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30736-30738]
[FR Doc No: 2017-13856]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0558]
RIN 1625-AA00

Safety Zone; Garlock Wedding; Saint Lawrence River, Alexandria
Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Saint Lawrence River, Alexandria

Bay, NY. This safety zone is intended to restrict vessels from a
portion of the Saint Lawrence River within a 350-foot radius of
position 44[deg]20' 32.8'' N., 075[deg]55' 02.71'' W. (NAD 83) during
the Garlock Wedding fireworks display on July 7, 2017. This temporary
safety zone is necessary to protect mariners and vessels from the
navigational hazards associated with a fireworks display. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Buffalo (COTP).

DATES: This rule is effective from 10:45 p.m. until 11:30 p.m. on July
7, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0588 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LT Michael Collet, Chief of Waterways
Management, U.S. Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

    CFR Code of Federal Regulations
    DHS Department of Homeland Security
    FR Federal Register
    NPRM Notice of Proposed Rulemaking
    Pub. L. Public Law
    Sec.  Section
    U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 finds good cause that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(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 provided 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.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register because doing so would be
impracticable and contrary to the public interest. Delaying the
effective date would be contrary to the rule's objectives of ensuring
safety of life on the navigable waters and protection of persons and
vessels near the event.

III. Legal Authority and Need for Rule

    The Coast Guard issues this rule under authority in 33 U.S.C. 1231.
The Captain of the Port Buffalo (COTP) has determined that a maritime
fireworks show presents significant risks to public safety and
property. Such hazards include premature and accidental detonations,
dangerous projectiles, and falling or burning debris. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the fireworks show is
taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10:45 p.m. to 11:30 p.m.
on July 7, 2017. The safety zone will encompass all waters of the Saint
Lawrence River; Alexandria Bay, NY contained within a 350-foot radius
of position 44[deg]20'32.8'' N., 075[deg]55'02.71'' W. (NAD 83). The
duration of the zone is intended to ensure the safety of spectators and
vessels during the Garlock Wedding fireworks display. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    This rule has not been designated a ``significant regulatory
action,'' under Executive Order 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Guidance Implementing Executive Order 13771 Titled
`Reducing Regulation and Controlling Regulatory Costs''' (April 5,
2017).
    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 a 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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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 safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be effective, and thus subject to

enforcement for only one hour late in the evening. Traffic may be
allowed to pass through the zone with the permission of the Captain of
the Port. The Captain of the Port can be reached via VHF channel 16.
Before the enforcement of the zone, we would issue local Broadcast
Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule establishes a temporary safety zone. It is categorically excluded
under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction,
which pertains to establishment of safety zones. A Record of
Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0558 to read as follows:

Sec.  165.T09-0588   Safety Zone; Garlock Wedding; Saint Lawrence
River, Alexandria Bay, NY.

    (a) Location. This zone will encompass all waters of the Saint
Lawrence River; Alexandria Bay, NY contained within a 350-foot radius
of position 44[deg]20'32.8''N., 075[deg]55'02.71'' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 10:45
p.m. until 11:30 p.m. on July 7, 2017.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, 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 must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in 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 26, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-13856 Filed 6-30-17; 8:45 am]
BILLING CODE 9110-04-P