[Federal Register: November 3, 2009 (Volume 74, Number 211)]
[Notices]
[Page 56897-56899]
[DOCID:fr03no09-93]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60886; File No. SR-BX-2009-067]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend
the Effective Date of and Expand the Penny Pilot Program on the Boston
Options Exchange Facility

October 27, 2009.
    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 October 19, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act,\3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Chapter V, Section 33 (Penny Pilot
Program) of the Rules of the Boston Options Exchange Group, LLC
(``BOX'') to (i) extend the Penny Pilot Program in options classes
(``Penny Pilot Program'' or ``Pilot'') previously approved by the
Securities and Exchange Commission (``Commission'') through December
31, 2010; (ii) expand the number of classes included in the Pilot; and
(iii) replace on a semi-annual basis any Pilot Program classes that
have been delisted. The text of the proposed rule change is available
from the principal office of the Exchange, at the Commission's Public
Reference Room and also on the Exchange's Internet Web site at http://
nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

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

1. Purpose
    The Exchange hereby proposes to extend the time period of the Pilot
Program \5\ which is currently scheduled to expire on October 31, 2009,
through December 31, 2010.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 60213 (July 1,
2009), 74 FR 32998 (July 9, 2009) (SR-BX-2009-032).
---------------------------------------------------------------------------

Top 300
    The Exchange also proposes to expand the number of classes included
in the Pilot Program. Specifically, the Exchange proposes to add the
top 300 most actively traded multiply listed options classes that are
not yet included in the Pilot Program (``Top 300''). The Exchange
proposes to determine the identity of the Top 300 based on national
average daily volume in the prior six calendar months preceding their
addition to the Pilot Program, except that the month immediately
preceding their addition to the Pilot would not be utilized for
purposes of the six month analysis.\6\ In determining the identity of
the Top 300, the Exchange will exclude options classes with high
premiums. Pursuant to Chapter V, Section 33 of the BOX Rules, the Pilot
Program classes will be announced to BOX Participants via Regulatory
Circular and published by the Exchange on its Web site.\7\ This will
bring the total number of options classes quoted pursuant to the Pilot
Program to 363. The Exchange represents that BOX has the necessary
system capacity to support any additional series listed as part of the
Pilot Program.
---------------------------------------------------------------------------

    \6\ The Exchange will not include options classes in which the
issuer of the underlying security is subject to an announced merger
or is in the process of being acquired by another company, or if the
issuer is in bankruptcy. For purposes of assessing national average
daily volume, the Exchange will use data compiled and disseminated
by the Options Clearing Corporation.
    \7\ The Exchange shall also identify the classes to be added to
the Pilot Program, per each phase, in a filing with the Commission.
---------------------------------------------------------------------------

    The Exchange believes that it is appropriate to exclude high priced
underlying securities, as the benefit to the public from including such
classes is minimal because of the high price of at-the-money
options.\8\ The Exchange believes an appropriate threshold for
designation as ``high priced'' at the time of selection of new classes
to be included in the Pilot is $200 per share or a calculated index
value of 200. At $200 per share or a calculated index value of 200,
strike prices are in $10 increments, so the ``at the money'' strike is
more likely to carry an intrinsic value of $3 or more, and thus not
trade in a penny increment. With a greater distance between strikes,
there are fewer series that are actively traded. The determination of
whether a security is trading above $200 or above a calculated index
value of 200 shall be based on the price at the close of trading on the
Expiration Friday prior to being added to the Pilot. This approach is
consistent with the approach the Exchange has

taken for high-priced classes when selecting Pilot classes in the past.
---------------------------------------------------------------------------

    \8\ For instance, as of August 12, 2009, the near term at the
money call in GOOG (August 460 Calls) was trading at $6.50 with the
underlying at $459.84. The lowest strike price September call
trading below $3 (with the underlying at the same price) was the
September 500 Call.
---------------------------------------------------------------------------

Phased Implementation
    The Exchange proposes to phase-in the additional classes to the
Pilot Program over four successive quarters. Specifically, the Exchange
proposes to add 75 classes in November 2009, February 2010, May 2010,
and August 2010.\9\
---------------------------------------------------------------------------

    \9\ The Exchange is proposing that the quarterly additions would
be effective on November 2, 2009, February 1, 2010, May 3, 2010 and
August 2, 2010, respectively. The Exchange has proposed these
specific dates based upon a proposal of NYSE Arca recently submitted
to the Commission. (See SR-NYSEArca-2009-91). For purposes of
identifying the classes to be added per quarter, the Exchange shall
use data from the prior six calendar months preceding the
implementation month, except that the month immediately preceding
their addition to the Pilot would not be utilized for purposes of
the six month analysis. For example, the quarterly additions to be
added on November 2, 2009 shall be determined using data from the
six month period ending September 30, 2009.
---------------------------------------------------------------------------

Delistings
    Additionally, the Exchange proposes that any Pilot Program classes
that have been delisted may be replaced on a semi-annual basis by the
next most actively traded multiply listed options classes that are not
yet included in the Pilot, based on trading activity in the previous
six months. The replacement classes would be added to the Pilot Program
on the second trading day following January 1, 2010 and July 1,
2010.\10\ The Exchange will employ the same parameters to prospective
replacement classes as approved and applicable under the Pilot Program,
including excluding high-priced underlying securities.
---------------------------------------------------------------------------

    \10\ The replacement classes will be announced to BOX
Participants via Regulatory Circular and published by the Exchange
on its Web site.
---------------------------------------------------------------------------

Report
    The Exchange agrees to submit semi-annual reports to the Commission
that will include sample data and analysis of information collected
from April 1 through September 30, and from October 1 through March 31,
for each year, for the ten most active and twenty least active options
classes added to the Pilot Program.\11\ As the Pilot Program matures
and expands, the Exchange believes that this proposed sampling approach
provides an appropriate means by which to monitor and assess the Pilot
Program's impact. The Exchange will also identify, for comparison
purposes, a control group consisting of the ten least active options
classes from the existing 63 Pilot Program classes. This report will
include, but is not limited to: (1) Data and analysis on the number of
quotations generated for options included in the report; (2) an
assessment of the quotation spreads for the options included in the
report; (3) an assessment of the impact of the Pilot Program on the
capacity of BOX's automated systems; (4) data reflecting the size and
depth of markets, and (5) any capacity problems or other problems that
arose related to the operation of the Pilot Program and how the
Exchange addressed them.
---------------------------------------------------------------------------

    \11\ The Exchange will continue to provide data concerning the
existing 63 Pilot Program classes.
---------------------------------------------------------------------------

    The Exchange believes the benefits to public customers and other
market participants who will be able to express their true prices to
buy and sell options have been demonstrated to outweigh the increase in
quote traffic.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\12\ in general, and Section
6(b)(5) of the Act,\13\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
The Exchange believes that the Pilot Program promotes just and
equitable principles of trade by enabling public customers and other
market participants to express their true prices to buy and sell
options.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 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 comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
Because the 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 prior to
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, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-
4(f)(6)(iii) thereunder.\17\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the Exchange to give the Commission written
notice of the Exchange's intent to file the proposed rule change
along with a brief description and the text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this pre-filing requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\18\
However, pursuant to Rule 19b-4(f)(6)(iii),\19\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange notes that
the proposed rule change is substantially similar to a proposal
submitted by another options exchange that was recently approved by the
Commission and also incorporates a change to the initial expansion date
filed by the other exchange. The Exchange further states that waiving
the 30-day operative delay will allow the Pilot Program to continue
uninterrupted and allow the Exchange to adopt the same expansion
schedule as another exchange.
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes waiving the 30-day operative delay \20\ is
consistent with the protection of investors and the public interest
because such waiver will allow the Exchange to implement the 75
additional classes on November 2, 2009 and permit the Pilot Program to
continue uninterrupted, consistent with other exchanges.\21\ For those
reasons, the Commission designates the proposal

to be operative upon filing with the Commission.
---------------------------------------------------------------------------

    \20\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78(c)(f).
    \21\ See Securities Exchange Act Release Nos. 60711 (September
23, 2009), 74 FR 49419 (September 28, 2009) (SR-NYSEArca-2009-44);
and 60833 (October 16, 2009), 74 FR 54617 (October 22, 2009) (SR-
NYSEArca-2009-91).
---------------------------------------------------------------------------

    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 an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-067 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-067. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of 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 No. SR-BX-2009-067 and should be
submitted on or before November 24, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-26357 Filed 11-2-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49286-49287]
[FR Doc No: 2015-20155]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75661; File No. SR-NASDAQ-2015-094]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify NASDAQ Rule 7051 Fees Relating to Pricing for Direct Circuit
Connections

August 11, 2015.
    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 August 5, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II and
III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    NASDAQ is proposing to amend Rule 7051 to extend the waiver of
installation fees assessed for Direct Circuit Connection to NASDAQ, and
to waive ongoing monthly fees for direct connectivity to the Chicago,
IL data center, for a limited time.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com, at NASDAQ's principal office, 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, NASDAQ included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of those 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 parts of such
statements.

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

1. Purpose
    NASDAQ is proposing to amend Rule 7051 entitled ``Direct
Connectivity to Nasdaq'' to extend the waiver of installation fees for
Direct Circuit Connection to Nasdaq (10Gb), Direct Circuit Connection
to Nasdaq (supports up to 1Gb), and Direct Circuit Connection to Nasdaq
(1Gb Ultra). The Exchange is also proposing to waive the related
ongoing monthly fees assessed for these direct connectivity options to
the Exchange's new Chicago, IL data center.\3\ The Direct Circuit
Connection options under Rule 7051 provide market participants with
three optional means by which they may connect to NASDAQ.\4\ The three
Direct Circuit Connections are differentiated by the total capacity of
the fiber connection (represented in Gigabytes or ``Gb'') and the type
of switch used. A switch is a type of network hardware that acts as the
``gatekeeper'' for all clients' orders sent to the System \5\ and
orders them in sequence for entry into the System for execution. The
1Gb ``Ultra'' fiber connection offering uses lower latency \6\ switches
than the 1Gb fiber connection offering.\7\
---------------------------------------------------------------------------

    \3\ Direct connectivity is offered through data centers in
Carteret, NJ, Secaucus, NJ, Ashburn, VA, and Chicago, IL.
    \4\ The Exchange notes that there are several additional means
by which market participants may connect to the Exchange, such as
through the colocation facility or third parties.
    \5\ As defined in Rule 4701(a).
    \6\ The term ``latency'' for the purposes of this rule filing
means a measure of the time it takes for an order to enter into a
switch and then exit for entry into the System.
    \7\ Each of NASDAQ's connection offerings use different
switches, but the switches are of uniform type within each offering
(i.e., all 1G connectivity options currently use the same switches).
As a consequence, all client subscribers to a particular
connectivity option receive the same latency in terms of the
capabilities of their switches.
---------------------------------------------------------------------------

    The Exchange assesses separate installation and ongoing monthly
fees for subscription to each option. For 1Gb connectivity, the
Exchange assesses an installation fee of $1,500 and ongoing monthly
fees of $2,500. For 10Gb connectivity, the Exchange charges an
installation fee of $1,500 and ongoing monthly fees of $7,500. For 1Gb
Ultra, the Exchange charges an installation fee of $1,500 and ongoing
monthly fees of $2,500.
    NASDAQ is relocating its Disaster Recovery (``DR'') location for
the U.S. equities and options markets from Ashburn, VA to its new
Chicago, IL data center beginning in August 2015 with completion of the
move expected on November 9, 2015. NASDAQ has invested and installed
new equipment in this data center for client connectivity and for the
infrastructure of Exchange systems. NASDAQ has chosen Chicago as the
location of its new DR data center as many other exchanges are using
this same location for a DR or primary location and, as a result, many
of our market participants have a presence or connection at this
location, thus making it easier and less expensive for many market
participants to connect to NASDAQ's DR location. In anticipation of the
move and to facilitate transfer of connectivity from Ashburn, VA to
Chicago, IL, the Exchange waived the installation fees for the months
of April through July, 2015, for all three connectivity options so that
both new subscriptions and customers transferring from one connectivity
option to another during that time would not be assessed the
installation fee.\8\ The Exchange notes that the waiver allows members
to move from one offering to another, or to move the location of their
connectivity from one direct connectivity access point to another, with
no penalty in the form of an installation fee. The Exchange is
proposing to extend the waiver through November 9, 2015. To further
facilitate use of the upgraded facility, the Exchange is also proposing
to waive ongoing monthly fees for all three Direct Circuit Connectivity
options for connectivity to the Chicago, IL data center. Waiver of the
ongoing monthly fees will provide incentive to market participants to
move their DR connectivity to Chicago, IL and test this connectivity
prior to completion of the transfer of the DR functionality, and will
also allow market participants that wish to connect to the Chicago, IL
data center to do so smoothly with no penalty in the form of
overlapping monthly direct connectivity fees.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 74680 (April 8,
2015), 80 FR 20035 (April 14, 2015) (SR-NASDAQ-2015-029).
---------------------------------------------------------------------------

2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\9\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it
provides for the equitable allocation

of reasonable dues, fees and other charges among members and issuers
and other persons using any facility or system which NASDAQ operates or
controls and is designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest;
and are not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that extending the waiver of Direct Circuit
Connectivity installation fees is reasonable because it will continue
to enable market participants to move from one direct connectivity
offering to another, or to move the location of their connectivity from
one direct connectivity access point to another, with no penalty in the
form of an installation fee. Similarly, the Exchange believes that the
time-limited waiver of ongoing monthly fees for connectivity to the
Chicago, IL data center is reasonable because the Exchange is moving
its DR location from Ashburn, VA to Chicago, IL, which is expected to
be completed on November 9, 2015. As such, to continue DR connectivity,
market participants must subscribe to new Direct Circuit Connectivity
to the Chicago, IL data center and test such connectivity prior to
cancellation of their existing Ashburn, VA direct connectivity
subscription. The Exchange believes that the proposed fee waivers are
equitable and do not unfairly discriminate because they are of limited
duration and designed to apply to market participants that wish to
utilize the new direct connectivity location and/or are affected by the
Exchange's determination to move trading and DR functionality from the
Ashburn, VA data center. Moreover, the Exchange notes that the
installation fee waiver applies to all three Direct Circuit
Connectivity options, and therefore it believes that extension of the
waiver is equitable and does not unfairly discriminate. Waiver of the
installation fee will allow any market participant that wishes to move
from their [sic] existing Direct Circuit Connectivity data center to
the new Chicago, IL data center with no penalty. Waiver of the ongoing
monthly fees for connectivity to Chicago, IL enables market
participants to test the DR functionality in Chicago while still being
connected to the Ashburn, VA location with no penalty in the form of
overlapping monthly direct connectivity fees.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.\11\
The Exchange believes that the proposed fee waivers are pro-competitive
because they facilitate use of a new, upgraded data center, which will
improve market resiliency and provide additional connectivity options
to market participants. To the extent that the new data center makes
NASDAQ more attractive to market participants over other exchanges and
trading venues, it may provide incentive to such marketplaces to
improve and add to their data centers, to the benefit of all market
participants.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4 \13\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-094 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-094. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NASDAQ-2015-
094, and should be submitted on or before September 8, 2015.

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

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

Brent J. Fields,
Secretary.
[FR Doc. 2015-20155 Filed 8-14-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78610-78613]
[FR Doc No: 2010-31512]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1135]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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

SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 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 modified BFEs are 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 qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, 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. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona: Maricopa.................  City of Phoenix......  May 7, 2010, May 14,   The Honorable Phil Gordon,  April 30, 2010.......  040051
                                    (09-09-1059P)........   2010, Arizona          Mayor, City of Phoenix,
                                                            Republic.              200 West Washington
                                                                                Street, 11th Floor,
                                                                                Phoenix, AZ 85003.
Arizona: Maricopa.................  City of Phoenix......  May 6, 2010, May 13,   The Honorable Phil Gordon,  April 28, 2010.......  040051
                                    (10-09-0146P)........   2010, Arizona          Mayor, City of Phoenix,
                                                            Republic.              200 West Washington
                                                                                Street, 11th Floor,
                                                                                Phoenix, AZ 85003.
Arizona: Yavapai..................  City of Prescott.....  May 10, 2010, May 17,  The Honorable Marlin        April 30, 2010.......  040098
                                    (09-09-0658P)........   2010, Prescott Daily   Kuykendall, Mayor, City
                                                            Courier.               of Prescott, 201 South
                                                                                Cortez Street, Prescott,
                                                                                AZ 86303.
Arizona: Yavapai..................  Unincorporated areas   May 10, 2010, May 17,  The Honorable Chip Davis,   April 30, 2010.......  040093
                                     of Yavapai County.     2010, Prescott Daily   Chairman, Yavapai County
                                    (09-09-0658P)........   Courier.               Board of Supervisors,
                                                                                1015 Fair Street,
                                                                                Prescott, AZ 86305.
California: San Diego.............  City of Poway........  May 13, 2010, May 20,  The Honorable Don           September 17, 2010...  060702
                                    (10-09-1118P)........   2010, Poway News       Higginson, Mayor, City of
                                                            Chieftain.             Poway, 13325 Civic Center
                                                                                Drive, Poway, CA 92064.
California: Ventura...............  City of Simi Valley..  May 28, 2010, June 4,  The Honorable Paul Miller,  October 4, 2010......  060421
                                    (09-09-2409P)........   2010, Ventura County   Mayor, City of Simi
                                                            Star.                  Valley, 2929 Tapo Canyon
                                                                                Road, Simi Valley, CA
                                                                                93063.
Florida: Leon.....................  City of Tallahassee..  May 11, 2010, May 18,  The Honorable John Marks,   September 15, 2010...  120144
                                    (09-04-3114P)........   2010, Tallahassee      Mayor, City of
                                                            Democrat.              Tallahassee, 300 South
                                                                                Adams Street, B-28,
                                                                                Tallahassee, FL 32301.
Florida: Orange...................  City of Ocee.........  May 28, 2010, June 4,  The Honorable S. Scott      May 21, 2010.........  120185
                                    (10-04-4198P)........   2010, Orlando          Vandergrift, Mayor, City
                                                            Sentinel.              of Ocoee, 150 North
                                                                                Lakeshore Drive, Ocoee,
                                                                                FL 34761.
Florida: Pinellas.................  City of Clearwater...  May 7, 2010, May 14,   The Honorable Frank V.      April 28, 2010.......  125096
                                    (10-04-4136P)........   2010, St. Petersburg   Hibbard, Mayor, City of
                                                            Times.                 Clearwater, P.O. Box
                                                                                4748, Clearwater, FL
                                                                                33758.
Georgia: Whitfield................  City of Dalton.......  March 26, 2010, April  The Honorable David         April 14, 2010.......  130194
                                    (09-04-1965P)........   2, 2010, The Daily     Pennington, Mayor, City
                                                            Citizen.               of Dalton, P.O. Box 1205,
                                                                                Dalton, GA 30720.
Georgia: Whitfield................  Unincorporated areas   March 26, 2010, April  The Honorable Mike Babb,    April 14, 2010.......  130193
                                     of Whitfield County.   2, 2010, The Daily     Chairman, Whitfield
                                    (09-04-1965P)........   Citizen.               County, 1407 Burleyson
                                                                                Drive, Dalton, GA 30720.
Hawaii: Hawaii....................  Unincorporated areas   April 30, 2010, May    The Honorable William P.    September 7, 2010....  155166
                                     of Hawaii County.      7, 2010, Hawaii        Kenoi, Mayor, County of
                                    (09-09-1789P)........   Tribune-Herald.        Hawaii, 25 Aupuni Street,
                                                                                Hilo, HI 96720.
Idaho: Ada........................  Unincorporated areas   May 13, 2010, May 20,  The Honorable Fred Tilman,  September 17, 2010...  160001
                                     of Ada County.         2010, The Idaho        Chairman, Ada County
                                    (07-10-0642P)........   Statesman.             Board of Commissioners,
                                                                                200 West Front Street,
                                                                                3rd Floor, Boise, ID
                                                                                83702.
Idaho: Teton......................  Unincorporated areas   May 13, 2010, May 20,  The Honorable Larry Young,  September 17, 2010...  160230
                                     of Teton County.       2010, Teton Valley     Chairman, Teton County
                                    (09-10-0227P)........   News.                  Board of Commissioners,
                                                                                150 Courthouse Drive,
                                                                                Room 109, Driggs, ID
                                                                                83422.
Idaho: Teton......................  City of Victor.......  May 13, 2010, May 20,  The Honorable Scott         September 17, 2010...  060119
                                    (09-10-0365P)........   2010, Teton Valley     Fitzgerald, Mayor, City
                                                            News.                  of Victor, P.O. Box 122,
                                                                                Victor, ID 83455.
Iowa: Hamilton....................  City of Webster City.  April 30, 2010, May    The Honorable Janet Adams,  September 7, 2010....  190137
                                    (09-07-1058P)........   7, 2010, The Daily     Mayor, City of Webster
                                                            Freeman-Journal.       City, P.O. Box 217,
                                                                                Webster City, IA 50595.
Kansas: Sedgwick..................  City of Derby........  May 12, 2010, May 19,  The Honorable Dion Avello,  September 16, 2010...  200323
                                    (09-07-1398P)........   2010, The Derby        Mayor, City of Derby, 611
                                                            Informer.              Mulberry Road, Derby, KS
                                                                                67037.
Mississippi: Lee..................  City of Tupelo.......  May 21, 2010, May 28,  The Honorable Jack Reed,    September 27, 2010...  280100
                                    (09-04-4664P)........   2010, Northeast        Jr., Mayor, City of
                                                            Mississippi Daily      Tupelo, P.O. Box 1485,
                                                            Journal.               Tupelo, MS 38802.
Mississippi: Lee..................  Unincorporated areas   May 21, 2010, May 28,  The Honorable Sean          September 27, 2010...  280227
                                     of Lee County.         2010, Northeast        Thompson, President, Lee
                                    (09-04-4664P)........   Mississippi Daily      County, P.O. Box 1785,
                                                            Journal.               Tupelo, MS 38801.
Missouri: Jackson.................  City of Lee's Summit.  May 7, 2010, May 14,   The Honorable Karen R.      September 13, 2010...  290174
                                    (09-07-1328P)........   2010, Lee's Summit     Messerli, Mayor, City of
                                                            Journal.               Lee's Summit, 220
                                                                                Southeast Green Street,
                                                                                Lee's Summit, MO 64063.

Nevada: City of Carson City.......  City of Carson City..  May 12, 2010, May 19,  The Honorable Robert L.     April 30, 2010.......  320001
                                    (08-09-1740P)........   2010, Nevada Appeal.   Crowell, Mayor, City of
                                                                                Carson City, 201 North
                                                                                Carson Street, Suite 2,
                                                                                Carson City, NV 89701.
New Mexico: Dona Ana..............  City of Las Cruces...  May 7, 2010, May 14,   The Honorable Ken           September 13, 2010...  355332
                                    (08-06-2997P)........   2010, Las Cruces Sun-  Miyagishima, Mayor, City
                                                            News.                  of Las Cruces, 200 North
                                                                                Church Street, Las
                                                                                Cruces, NM 88001.
North Carolina: Orange............  Town of Chapel Hill..  April 16, 2010, April  The Honorable Kevin Foy,    August 23, 2010......  370180
                                    (10-04-0448P)........   23, 2010, Chapel       Mayor, Town of Chapel
                                                            Hill Herald.           Hill, 405 Martin Luther
                                                                                King Jr. Boulevard,
                                                                                Chapel Hill, NC 27514.
South Carolina: Jasper............  City of Hardeeville..  May 5, 2010, May 12,   The Honorable A. Brooks     September 9, 2010....  450113
                                    (09-04-5183P)........   2010, Jasper County    Willis, Mayor, City of
                                                            Sun.                   Hardeeville, 205 East
                                                                                Main Street, Hardeeville,
                                                                                SC 29927.
South Carolina: Jasper............  Unincorporated areas   May 5, 2010, May 12,   The Honorable Dr. George    September 9, 2010....  450112
                                     of Jasper County.      2010, Jasper County    Hood, Chairman, Jasper
                                    (09-04-5183P)........   Sun.                   County Council, P.O. Box
                                                                                1618, Ridgeland, SC 29936.
South Carolina: York..............  City of Rock Hill....  May 20, 2010, May 27,  The Honorable Doug Echols,  June 14, 2010........  450196
                                    (09-04-3659P)........   2010, The Herald.      Mayor, City of Rock Hill,
                                                                                P.O. Box 11706, Rock
                                                                                Hill, SC 29731.
South Carolina: York..............  Unincorporated areas   May 20, 2010, May 27,  The Honorable Houston       June 14, 2010........  450193
                                     of York County.        2010, The Herald.      ``Buddy'' Motz, Chairman,
                                    (09-04-3659P)........                          York County Board of
                                                                                Commissioners, 2047
                                                                                Poinsett Drive, Rock
                                                                                Hill, SC 29732.
South Dakota: Pennington..........  Unincorporated areas   May 13, 2010, May 20,  The Honorable Ethan         June 2, 2010.........  460064
                                     of Pennington County.  2010, Rapid City       Schmidt, Chairman,
                                    (09-08-0639P)........   Journal.               Pennington County Board
                                                                                of Commissioners, 315
                                                                                Saint Joseph Street,
                                                                                Suite 156, Rapid City, SD
                                                                                57701.
Texas: Bexar......................  City of San Antonio..  April 23, 2010, April  The Honorable Julian        April 26, 2010.......  480045
                                    (09-06-3107P)........   30, 2010, San          Castro, Mayor, City of
                                                            Antonio Express-News.  San Antonio, P.O. Box
                                                                                839966, San Antonio, TX
                                                                                78283.
Texas: Denton.....................  Unincorporated areas   May 13, 2010, May 20,  The Honorable Mary Horn,    September 17, 2010...  480774
                                     of Denton County.      2010, Denton Record-   Denton County Judge, 110
                                    (10-06-1747P)........   Chronicle.             West Hickory Street, 2nd
                                                                                Floor, Denton, TX 76201.
Texas: Midland....................  City of Midland......  May 21, 2010, May 28,  The Honorable Wes Perry,    September 27, 2010...  480477
                                    (08-06-2854P)........   2010, Midland          Mayor, City of Midland,
                                                            Reporter-Telegram.     300 North Loraine Street,
                                                                                Midland, TX 79701.
Texas: Midland....................  Unincorporated areas   May 21, 2010, May 28,  The Honorable Michael R.    September 27, 2010...  481239
                                     of Midland County.     2010, Midland          Bradford, Midland County
                                    (08-06-2854P)........   Reporter-Telegram.     Judge, 200 West Wall
                                                                                Street, Suite 104,
                                                                                Midland, TX 79701.
Wisconsin: Richland...............  City of Richland       March 11, 2010, March  The Honorable Larry D.      July 9, 2010.........  555576
                                     Center.                18, 2010, The          Fowler, Mayor, City of
                                    (09-05-1012P)........   Richland Observer.     Richland Center, 450
                                                                                South Main Street,
                                                                                Richland Center, WI 53581.
Wisconsin: Richland...............  Unincorporated areas   March 11, 2010, March  The Honorable Ann           July 9, 2010.........  550356
                                     of Richland County.    18, 2010, The          Greenheck, Chairman,
                                    (09-05-1012P)........   Richland Observer.     Richland County Board,
                                                                                31709 State Highway 130,
                                                                                Lone Rock, WI 53556.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: December 3, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-31512 Filed 12-15-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Proposed Rules]
[Pages 41497-41498]
[FR Doc No: 2016-15049]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0276; FRL-9948-18-Region 5]

Determination of Attainment by the Attainment Date; 2008 Ozone
National Ambient Air Quality Standards; Cleveland, Ohio and St. Louis,
Missouri-Illinois Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to make
a determination, under the Clean Air Act, that the Cleveland, Ohio and
St. Louis, Missouri-Illinois areas attained the 2008 ozone National
Ambient Air Quality Standards by the applicable attainment date of July
20, 2016. This proposed determination for each area is based on
complete, quality-assured and certified ozone monitoring data for 2013-
2015.

DATES: Comments must be received on or before July 27, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0276 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed

from Regulations.gov. For either manner of submission, EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deborah Bredehoft, Air Planning and Development Branch,
Environmental Protection Agency, Region 7, 11201 Renner Blvd., Lenexa,
Kansas 66219,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules and Regulations section of this
Federal Register, EPA is making this determination of attainment as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial action and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to the rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn for the affected area and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of the rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
For additional information, see the direct final rule which is located
in the Rules and Regulations section of this Federal Register.

    Dated: June 15, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
    Dated: June 3, 2016.
Mark Hague,
Regional Administrator, Region 7.
[FR Doc. 2016-15049 Filed 6-24-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Proposed Rules]
[Page 13707-13710]
[DOCID:fr23mr10-30]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0129]
RIN 1625-AA00

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend the regulations establishing
permanent safety zones in the Captain of the Port Lake Michigan zone
during annual events. When these safety zones are activated, and thus
subject to enforcement, this rule would restrict vessels from portions
of water areas during annual events that pose a hazard to public
safety. The safety zones amended by this proposed rule are necessary to
protect spectators, participants, and vessels from the hazards
associated with fireworks displays, boat races, and other events.

DATES: Comments and related materials must be received by the Coast
Guard on or before April 22, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0129 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail BM1 Adam Kraft, Prevention Department, Coast
Guard, Sector Lake Michigan, Milwaukee, WI, telephone<PHONE_NUMBER>,
e-mail<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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0129), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0129'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0129'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one by using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact BM1 Adam Kraft at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.

Background and Purpose

    This proposed rule will amend the regulations establishing safety
zones in the Captain of the Port Lake Michigan zone during annual
events. These safety zones are necessary to protect vessels and people
from the hazards associated with firework displays, boat races, and
other marine events. Such hazards include obstructions to the waterway
that may cause marine casualties and the explosive danger of fireworks
and debris falling into the water that may cause death or serious
bodily harm.

Discussion of Proposed Rule

    This proposed rule will revise the location of three permanent
safety zones to reflect the correct enforcement area, and add two
permanent safety zones for already established annually occurring
events in the Captain of the Port Lake Michigan zone. The proposed rule
is necessary to ensure the safety of vessels and people during annual
marine events in the Captain of the Port Lake Michigan area of
responsibility.
    The proposed safety zones will be enforced only immediately before,
during, and after events that pose hazard to the public, and only upon
notice by the Captain of the Port.
    The Captain of the Port Lake Michigan will notify the public that
the zones in this proposal are or will be enforced by all appropriate
means to the affected segments of the public including publication in
the Federal Register as practicable, in accordance with 33 CFR
165.7(a). Such means of notification may also include, but are not
limited to Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone established by
this section is cancelled.
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Lake Michigan, or their
designated representative. The Captain of the Port or their designated
representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this proposed 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 proposed 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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The Coast
Guard's use of these safety zones will be periodic, of

short duration, and designed to minimize the impact on navigable
waters. These safety zones will only be enforced immediately before,
during, and after the time the events occur. Furthermore, these safety
zones have been designed to allow vessels to transit unrestricted to
portions of the waterways not affected by the safety zones. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in the areas designated as safety zones
during the dates and times the safety zones are being enforced. These
safety zones would not have a significant economic impact on a
substantial number of small entities for the following reasons. Each
safety zone in this proposed rule will be in effect for a short period
of time and only once per year. These safety zones have been designed
to allow traffic to pass safely around the zone whenever possible and
vessels will be allowed to pass through the zones with the permission
of the Captain of the Port.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 BM1 Adam Kraft, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.

Collection of Information

    This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule will not affect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland

Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. This proposed rule is categorically excluded, under figure
2-1, paragraph 34(g) of the Instruction. This proposed rule amends
permanent safety zones established in the Captain of the Port Lake
Michigan Zone to protect the public from the hazards associated during
annual events. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 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.

    2. Amend Sec.  165.929 to revise (a)(15)(i), (a)(52)(i), and
(a)(65)(i); and to add paragraphs (a)(82) and (a)(83) to read as
follows:

Sec.  165.929  Safety Zones; Annual events requiring safety zones in
the Captain of the Port Lake Michigan zone.

    (a) * * *
    (15) Taste of Chicago Fireworks; Chicago, IL.
    (i) Location. All waters of Monroe Harbor and all waters of Lake
Michigan bounded by a line drawn from 41[deg]53'24'' N, 087[deg]35'59''
W; then east to 41[deg]53'15'' N, 087[deg]35'26'' W; then south to
41[deg]52'49'' N, 087[deg]35'26'' W; then southwest to 41[deg]52'27''
N, 087[deg]36'37'' W; then north to 41[deg]53'15'' N, 087[deg]36'33''
W; then east returning to the point of origin. (NAD 83)
* * * * *
    (52) Gary Air and Water Show; Gary, IN.
    (i) Location. All waters of Lake Michigan bounded by a line drawn
from 41[deg]37'42'' N, 087[deg]16'38'' W; then east to 41[deg]37'54''
N, 087[deg]14'00'' W; then south to 41[deg]37'30'' N, 087[deg]13'56''
W; then west to 41[deg]37'17'' N, 087[deg]16'36'' W; then north
returning to the point of origin. (NAD 83)
* * * * *
    (65) Venetian Night Fireworks; Chicago, IL.
    (i) Location. All waters of Monroe Harbor and all waters of Lake
Michigan bounded by a line drawn from 41[deg]53'03'' N, 087[deg]36'36''
W; then east to 41[deg]53'03'' N, 087[deg]36'21'' W; then south to
41[deg]52'27'' N, 087[deg]36'21'' W; then west to 41[deg]52'27'' N,
087[deg]36'37'' W; then north returning to the point of origin. (NAD
83)
* * * * *
    (82) Cochrane Cup; Blue Island, IL.
    (i) Location. All waters of the Calumet Sag Channel from the South
Halstead Street Bridge at 41[deg]39'27'' N, 087[deg]38'29'' W; to the
Crawford Avenue Bridge at 41[deg]39'05'' N, 087[deg]43'08'' W; and the
Little Calumet River from the Ashland Avenue Bridge at 41[deg]39'7'' N,
087[deg]39'38'' W; to the junction of the Calumet Sag Channel at
41[deg]39'23'' N, 087[deg]39' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of May; 6:30
a.m. to 5 p.m.
* * * * *
    (83) World War II Beach Invasion Re-enactment; St. Joseph, MI.
    (i) Location. All waters of Lake Michigan in the vicinity of
Tiscornia Park in St. Joseph, MI beginning at 42[deg]06.55N,
086[deg]29.23W; then west/northwest along the north breakwater to
42[deg]06.59 N, 086[deg]29.41 W; the northwest 100 yards to
42[deg]07.01 N, 086[deg]29.44 W; then northeast 2,243 yards to
42[deg]07.50N, 086[deg]28.43 W; the southeast to the shoreline at
42[deg]07.39N, 086[deg]28.27 W; then southwest along the shoreline to
the point of origin (NAD 83).
    (ii) Enforcement date and time. The third Saturday of June; 8 a.m.
to 2 p.m.
* * * * *

    Dated: March 8, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2010-6294 Filed 3-22-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Rules and Regulations]
[Pages 8352-8354]
[FR Doc No: 2023-02766]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0932; Airspace Docket No. 21-AEA-22]
RIN 2120-AA66

Amendment and Establishment of Area Navigation (RNAV) Routes;
Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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

SUMMARY: This action amends a final rule published by the FAA in the
Federal Register on December 7, 2022, that, among other actions,
amended area navigation (RNAV) route T-224 by removing the AXEJA, AL,
computer navigation fix (CNF) from the route description. This action
re-inserts AXEJA into the T-224 description as an RNAV waypoint (WP)
instead of a CNF. This action is necessary to match the FAA National
Airspace System Resource (NASR) database information.

DATES: Effective date 0901 UTC, February 23, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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 the 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 modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the NAS.

History

    The FAA published a final rule for Docket No. FAA-2022-0932, in the
Federal Register (87 FR 74962; December 7, 2022) amending, in part,
RNAV route T-224 by removing the AXEJA, AL, computer navigation fix
(CNF) from the route description. The AXEJA Fix is a CNF. As described
in the Aeronautical Information Manual (AIM), a CNF is a point
described by a latitude/longitude coordinate that is required to
support area navigation (RNAV) system operations. The GPS receiver uses
CNFs in conjunction with WPs to navigate from point to point. However,
CNFs are not used for air traffic control or communication purposes,
and pilots do not use them for filing flight plans or navigating along
a route. For that reason, the FAA removed the AXEJA, AL, CNF from the
route description.
    After publishing the rule, the FAA decided to convert AXEJA from a
CNF to an RNAV WP. A WP is most often used in RNAV routes to indicate a
change in direction or altitude along the route. With this change, it
is appropriate to use AXEJA in the T-224 description. Therefore, this
action re-inserts AXEJA into the T-224 description as a WP.
    United States RNAV T-routes are published in paragraph 6011 of FAA
Order JO 7400.11G, dated August 19, 2022, and effective September 15,
2022, which is incorporated by reference in 14 CFR 71.1. The RNAV
routes listed in this document will be published subsequently in FAA
Order JO 7400.11.

The Rule

    This action amends 14 CFR part 71 by including the reference to
AXEJA, AL, WP for the reasons explained under the History heading. This
action conforms the route description to match the FAA NASR database
information and does not make any substantive changes to RNAV route T-
224. Therefore, notice and public procedure under 5 U.S.C. 553(b) is
unnecessary.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

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
Department of Transportation (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 of re-inserting AXEJA into
the T-224 description as an RNAV WP instead of a CNF, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points); and paragraph 5-6.5b, which categorically excludes from
further environmental impact review ``Actions regarding establishment
of jet routes and Federal airways (see 14 CFR 71.15, Designation of jet
routes and VOR Federal airways) . . .''. As such, this action is not
expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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 14 CFR 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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6011 United States Area Navigation Routes

* * * * *

T-224 Palacios, TX (PSX) to Boston, MA (BOS) [Amended]
----------------------------------------------------------------------------------------------------------------

Palacios, TX (PSX)           VORTAC             (Lat. 28[deg]45'51.93'' N, long. 096[deg]18'22.25'' W)
MOLLR, TX                    WP                 (Lat. 29[deg]39'20.23'' N, long. 095[deg]16'35.83'' W)
SHWNN, TX                    WP                 (Lat. 29[deg]56'45.94'' N, long. 094[deg]00'57.73'' W)
WASPY, LA                    FIX                (Lat. 30[deg]01'33.88'' N, long. 093[deg]38'50.45'' W)
KNZLY, LA                    WP                 (Lat. 30[deg]08'29.48'' N, long. 093[deg]06'19.37'' W)
DAFLY, LA                    WP                 (Lat. 30[deg]11'37.70'' N, long. 091[deg]59'33.94'' W)
KJAAY, LA                    WP                 (Lat. 30[deg]05'15.06'' N, long. 090[deg]35'19.73'' W)
SLIDD, LA                    FIX                (Lat. 30[deg]09'46.08'' N, long. 089[deg]44'02.18'' W)
WTERS, MS                    WP                 (Lat. 30[deg]24'24.36'' N, long. 089[deg]04'37.04'' W)
LYNRD, AL                    WP                 (Lat. 30[deg]43'33.26'' N, long. 088[deg]21'34.07'' W)
AXEJA, AL                    WP                 (Lat. 31[deg]02'32.36'' N, long. 087[deg]57'01.58'' W)
WIILL, AL                    WP                 (Lat. 31[deg]27'33.96'' N, long. 087[deg]21'08.62'' W)

MGMRY, AL                    WP                 (Lat. 32[deg]13'20.78'' N, long. 086[deg]19'11.24'' W)
GONDR, AL                    WP                 (Lat. 32[deg]22'01.98'' N, long. 085[deg]45'57.08'' W)
RSVLT, GA                    WP                 (Lat. 32[deg]36'55.43'' N, long. 085[deg]01'03.81'' W)
SINCA, GA                    FIX                (Lat. 33[deg]04'52.28'' N, long. 083[deg]36'17.52'' W)
UGAAA, GA                    WP                 (Lat. 33[deg]56'51.32'' N, long. 083[deg]19'28.42'' W)
ECITY, SC                    WP                 (Lat. 34[deg]25'09.62'' N, long. 082[deg]47'04.58'' W)
STYLZ, NC                    WP                 (Lat. 35[deg]24'22.83'' N, long. 082[deg]16'07.01'' W)
BONZE, NC                    WP                 (Lat. 35[deg]52'09.16'' N, long. 081[deg]14'24.10'' W)
MCDON, VA                    WP                 (Lat. 36[deg]40'29.56'' N, long. 079[deg]00'52.03'' W)
NUTTS, VA                    FIX                (Lat. 37[deg]04'34.16'' N, long. 078[deg]12'13.69'' W)
WAVES, VA                    WP                 (Lat. 37[deg]35'13.54'' N, long. 077[deg]26'52.03'' W)
TAPPA, VA                    FIX                (Lat. 37[deg]58'12.66'' N, long. 076[deg]50'40.62'' W)
COLIN, VA                    FIX                (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, MD                    WP                 (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)
PRNCZ, MD                    WP                 (Lat. 38[deg]37'38.10'' N, long. 076[deg]05'08.20'' W)
Smyrna, DE (ENO)             VORTAC             (Lat. 39[deg]13'53.93'' N, long. 075[deg]30'57.49'' W)
JIIMS, NJ                    WP                 (Lat. 39[deg]32'15.62'' N, long. 074[deg]58'01.72'' W)
Coyle, NJ (CYN)              VORTAC             (Lat. 39[deg]49'02.42'' N, long. 074[deg]25'53.85'' W)
DIXIE, NJ                    FIX                (Lat. 40[deg]05'57.72'' N, long. 074[deg]09'52.17'' W)
Kennedy, NY (JFK)            VOR/DME            (Lat. 40[deg]37'58.40'' N, long. 073[deg]46'17.00'' W)
KEEPM, NY                    FIX                (Lat. 40[deg]50'14.77'' N, long. 073[deg]32'42.58'' W)
Calverton, NY (CCC)          VOR/DME            (Lat. 40[deg]55'46.63'' N, long. 072[deg]47'55.89'' W)
YANTC, CT                    WP                 (Lat. 41[deg]33'22.81'' N, long. 071[deg]59'56.95'' W)
Boston, MA (BOS)             VOR/DME            (Lat. 42[deg]21'26.82'' N, long. 070[deg]59'22.37'' W)

* * * * *

    Issued in Washington, DC, on February 6, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-02766 Filed 2-8-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 15, 2010 (Volume 75, Number 72)]
[Notices]
[Page 19632-19633]
[DOCID:fr15ap10-36]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12747-001]

San Diego County Water Authority; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

April 7, 2010.
    On March 1, 2010, San Diego County Water Authority filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the San
Vicente Pumped Storage Water Power Project No. 13747. The proposed
project would be located at the existing San Vicente dam and reservoir
on San Vicente Creek in San Diego County, California. The project would
consist of the existing San Vicente reservoir functioning as the lower
reservoir of the project and one of three alternatives as an upper
reservoir: the Iron Mountain Alternative, the Foster Canyon
Alternative, and the East Reservoir Alternative. Specific details about
each of these alternatives are described below. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    All three of the alternatives would use the San Vicente reservoir
as the lower reservoir of the pumped storage project. The San Vicente
reservoir portion of the project would consist of:
    (1) an existing dam, currently being raised to a dam height of 337
feet, and a length of 1,442 feet; and (2) an existing impoundment, that
upon completion of the dam raise will have a surface area of 1,600
acres, and storage capacity of 247,000 acre-feet with a normal maximum
water surface elevation of 767 feet above mean sea level (msl).
    The three alternatives for the upper reservoir are described below.

Iron Mountain Alternative

    (1) A proposed 235-foot-high, 1,250-foot-long upper dam located 3
miles north of San Vicente reservoir; (2) a proposed reservoir with a
surface area of 93 acres having a storage capacity of 8,070 acre-feet
and a normal maximum water surface elevation of 2,110 feet above msl;
(3) a proposed 12,300-foot-long, 20-foot-diameter concrete power
tunnel; (4) two proposed 500-foot-long, steel-lined penstocks; (5) a
proposed powerhouse containing two generating units having a total
installed capacity of 500 megawatts; (6) a proposed 3,300-foot-long,
24-foot-diameter concrete tailrace; (7) a proposed 14,000-foot-long,
230-kilovolt transmission line; and (8) appurtenant facilities.

Foster Canyon Alternative

    (1) A proposed upper dam approximately one half mile north of San
Vicente reservoir; (2) a proposed upper reservoir with a surface area
of 100 acres normal maximum water surface elevation of 1,490 feet above
msl; (3) a proposed 3,000-foot-long, 20-foot-long, concrete power
tunnel; (4) two proposed 300-foot-long, steel-lined penstocks; (5) a
proposed powerhouse containing two generating units having a total
installed capacity of 480 megawatts; (6) a proposed 2,700-foot-long,
24-foot-diameter concrete tailrace; (7) a proposed 9,000-foot-long,
230-kilovolt transmission line; and (8) appurtenant facilities.

The East Reservoir Alternative

    (1) A proposed upper dam approximately 0.8 miles east of San
Vicente Reservoir; (2) a proposed upper reservoir with a surface area
of 60 acres and a normal maximum water surface elevation of 1,600 feet
above msl; (3) a proposed 6,000-foot-long, 20-foot-long concrete power
tunnel; (4) two proposed 300-foot-long, steel-lined penstocks; (5) a
proposed powerhouse containing two generating units having a total
installed capacity of 570 megawatts; (6) a proposed 2,600-foot-long,
24-foot-diameter concrete tailrace; (7) a proposed 15,000-foot-long,
230-kilovolt transmission line; and (8) appurtenant facilities.
    The proposed project would have a maximum estimated annual
generation of up to 1,000 gigawatt-hours, which would be sold to a
local utility.
    Applicant Contact: Frank Belock, Deputy General Manager, San Diego

County Water Authority, 4677 Overland Avenue, San Diego, CA 92123;
phone:<PHONE_NUMBER>1.
    FERC Contact: Joseph P. Hassell,<PHONE_NUMBER>
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12747) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-8590 Filed 4-14-10; 8:45 am]
BILLING CODE 6717-01-P