[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 27006-27009]
[FR Doc No: 2014-10771]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72098; File No. SR-ISE-2014-23]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment
No. 2, Regarding the Short Term Option Series Program

May 6, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on April 22, 2014, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change as described in Items I
and II below, which items have been prepared by the self-regulatory
organization. On May 1, 2014, the Exchange filed Amendment No. 2 to the
proposal.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as modified by Amendment No. 2,
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 was filed on April 29, 2014 and withdrawn on
May 1, 2014. In Amendment No. 2, the Exchange modified Exhibit 1 to
add an additional sentence to Section II.A.1 to clarify when the
Exchange may add additional series pursuant to the proposed rule
change.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to amend its rules governing the Short Term Option
Series Program to introduce finer strike price intervals for standard
expiration contracts in option classes that also have short term
options listed on them (``related non-short term options''), and to
remove obsolete rule text concerning the listing of new series during
the week of expiration. The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.com), at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the 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 proposes to amend its rules governing the Short Term
Option Series Program to introduce finer strike price intervals for
related non-short term options. In particular, the Exchange proposes to
amend its rules to permit the listing of related non-short term options
during the month prior to expiration in the same strike price intervals
as allowed for short term option series. The Exchange also proposes to
remove obsolete rule text concerning the listing of new short term
option series, including related non-short term option series, during
the week of expiration.
    Under the ISE's current rules, the Exchange may list short term
options in

up to fifty option classes,\4\ including up to thirty index option
classes,\5\ in addition to option classes that are selected by other
securities exchanges that employ a similar program under their
respective rules. For each of these option classes, the Exchange may
list five short term option expiration dates at any given time, not
counting monthly or quarterly expirations.\6\ Specifically, on any
Thursday or Friday that is a business day, the Exchange may list short
term option series in designated option classes that expire at the
close of business on each of the next five Fridays that are business
days and are not Fridays in which monthly or quarterly options
expire.\7\ These short term option series, which can be several weeks
or more from expiration, may be listed in strike price intervals of
$0.50, $1, or $2.50, with the finer strike price intervals being
offered for lower priced securities, and for options that trade in the
Exchange's dollar strike program.\8\ More specifically, the ISE may
list short term options in $0.50 intervals for strike prices less than
$75, or for option classes that trade in one dollar increments in the
related non-short term option, $1 intervals for strike prices that are
between $75 and $150, and $2.50 intervals for strike prices above
$150.\9\
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    \4\ See Supplementary Material .02(a) to Rule 504.
    \5\ See Supplementary Material .01(a) to Rule 2009.
    \6\ See Supplementary Material .02 to Rule 504; Supplementary
Material .01 to Rule 2009.
    \7\ Id.
    \8\ See Supplementary Material .12 to Rule 504; Supplementary
Material .05 to Rule 2009.
    \9\ Id. Strike price intervals of $2.50 are only available for
non-index options. Short term index option contracts are subject to
the same strike price intervals as non-short term options for strike
prices above $150. See Securities Exchange Act Release No. 71034
(December 11, 2013), 78 FR 76363 (December 17, 2013) (SR-ISE-2013-
69).
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    The Exchange may also list standard expiration contracts, which are
listed in accordance with the regular monthly expiration cycle. These
standard expiration contracts must be listed in wider strike price
intervals of $2.50, $5, or $10,\10\ though the ISE also operates strike
price programs, such as the dollar strike program mentioned above,\11\
that allow the Exchange to list a limited number of option classes in
finer strike price intervals. In general, the ISE must list standard
expiration contracts in $2.50 intervals for strike prices of $25 or
less, $5 intervals for strike prices greater than $25, and $10
intervals for strike prices greater than $200.\12\ During the week
prior to expiration only, the Exchange is permitted to list related
non-short term option contracts in the narrower strike price intervals
available for short term option series.\13\ Since this exception to the
standard strike price intervals is available only during the week prior
to expiration, however, standard expiration contracts regularly trade
at significantly wider intervals than their weekly counterparts, as
illustrated below.
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    \10\ See Rule 504(d).
    \11\ See Supplementary Material .01 to Rule 504, which allows
the ISE to designate up to 150 option classes on individual stocks
to be traded in $1 strike price intervals where the strike price is
between $50 and $1. See also Rule 504(g) ($2.50 Strike Program) and
Supplementary .05 to Rule 504 ($0.50 Strike Program).
    \12\ See Rule 504(d).
    \13\ See Supplementary Material .02(e) to Rule 504;
Supplementary Material .01(e) to Rule 2009.
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    For example, assume ABC is trading at $56.54 and the monthly
expiration contract is three weeks to expiration. Assume also that the
ISE has listed all available short term option expirations and thus has
short term option series listed on ABC for weeks one, two, four, five,
and six. Each of the five weekly ABC expiration dates can be listed
with strike prices in $0.50 intervals, including, for example, the
$56.50 at-the-money strike. Because the monthly expiration contract has
three weeks to expiration, however, the near-the-money strikes must be
listed in $5 intervals unless those options are eligible for one of the
ISE's other strike price programs. In this instance, that would mean
that investors would be limited to choosing, for example, between the
$55 and $60 strike prices instead of the $56.50 at-the-money strike
available for short term options. This is the case even though
contracts on the same option class that expire both several weeks
before and several weeks after the monthly expiration are eligible for
finer strike price intervals. Under the proposed rule change, the
Exchange would be permitted to list the related non-short term option
on ABC, which is less than a month to expiration, in the same strike
price intervals as allowed for short term option series. Thus, the
Exchange would be able to list, and investors would be able to trade,
all expirations described above with the same uniform $0.50 strike
price interval.
    As proposed, the ISE would be permitted to begin listing the
monthly expiration contract in these narrower intervals at any time
during the month prior to expiration, which begins on the first trading
day after the prior month's expiration date, subject to the provisions
of Rule 504(f). For example, since the April 2014 monthly option
expired on Saturday, April 19, the proposed rule change would allow the
Exchange to list the May 2014 monthly option in short term option
intervals starting Monday, April 21.
    The ISE believes that introducing consistent strike price intervals
for short term options and related non-short term options during the
month prior to expiration will benefit investors by giving them more
flexibility to closely tailor their investment decisions. The Exchange
also believes that the proposed rule change will provide the investing
public and other market participants with additional opportunities to
hedge their investments, thus allowing these investors to better manage
their risk exposure.
    In addition, the Exchange notes that it recently adopted rule text
that states that, notwithstanding any language to the contrary, short
term options may be added up to and including on the expiration
date.\14\ Other exchanges that have adopted similar rule text have,
correspondingly, deleted related language that restricts the opening of
additional short term option series, including additional series of the
related non-short term option, during the week of expiration.\15\
Consistent with the rules proposed by other options exchanges, the ISE
proposes to delete rule text that prohibits the opening of additional
series listed pursuant to Supplementary Material .12 to Rule 504 and
Supplementary Material .05 to Rule 2009 during the week of expiration.
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    \14\ See Securities Exchange Act Release No. 71033 (December 11,
2013), 78 FR 76375 (December 17, 2013) (SR-ISE-2013-68).
    \15\ See SR-BATS-2014-13 (citation pending publication by the
Commission).
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 2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6(b) of the Act.\16\ In
particular, the proposal is consistent with Section 6(b)(5) of the
Act,\17\ because is designed to promote just and equitable principles
of trade, remove impediments to and perfect the mechanisms of a free
and open market and a national market system and, in general, to
protect investors and the public interest.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    As noted above, standard expiration options currently trade in
wider intervals than their weekly counterparts, except during the week
prior to expiration. This creates a situation where contracts on the
same option class that expire both several weeks

before and several weeks after the standard expiration are eligible to
trade in strike price intervals that the standard expiration contract
is not. When the ISE originally filed to list related non-short term
options in the same intervals as short term options in the same option
class during the week prior to expiration,\18\ the Exchange was limited
to listing one short term option expiration date at a time. Thus, there
was no inconsistency between standard expiration contracts, which
traded in finer intervals in the week prior to expiration, and short
term options, which were only listed on the week prior to expiration.
The Short Term Option Series Program has since grown in response to
customer demand, and the ISE is now permitted to list up to five short
term option expiration dates in addition to standard expiration
options.\19\ There is continuing strong customer demand to have the
ability to execute hedging and trading strategies in the finer strike
price intervals available in short term options, and the Exchange
believes that the proposed rule change will increase market efficiency
by harmonizing strike price intervals for contracts that are close to
expiration, whether those contracts happen to be listed pursuant to
weekly or monthly expiration cycles.
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    \18\ See Securities Exchange Act Release No. 67754 (August 29,
2012), 77 FR 54629 (September 5, 2012) (SR-ISE-2012-33) (Approval);
67083 (May 31, 2012), 77 FR 33543 (June 6, 2012) (SR-ISE-2012-33)
(Notice).
    \19\ See Securities Exchange Act Release No. 68318 (November 29,
2013), 77 FR 72426 (December 5, 2012) (SR-ISE-2012-90); 71033
(December 11, 2013), 78 FR 76375 (December 17, 2013 (SR-ISE-2013-
68).
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    The Exchange notes that, in addition to listing standard expiration
contracts in short term option intervals during the expiration week, it
already operates several programs that allow for strike price intervals
for standard expiration contracts that range from $0.50 to $2.50.\20\
The Exchange believes that each of these programs has been successful
but notes that limitations on the number of option classes that may be
selected for each of these programs means that many standard expiration
contracts must still be listed in wider intervals than their short term
option counterparts. For example, the $0.50 strike price program, which
offers the narrowest strike price interval, only permits the ISE to
designate up to 20 option classes to trade in $0.50 intervals in
addition to option classes selected by other exchanges that employ a
similar program.\21\ Thus, the proposed rules are necessary to fill the
gap between strike price intervals allowed for short term options and
related non-short term options. The Exchange believes that the proposed
rule change, like the other strike price programs currently offered by
the ISE, will benefit investors by giving them more flexibility to
closely tailor their investment and hedging decisions.
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    \20\ See supra note 11.
    \21\ See Supplementary .05 to Rule 504.
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    Furthermore, the Exchange continues to believe that the ability to
list new series during the week of expiration is appropriate given the
short lifespan of short term options. The proposed change clarifies
that the Exchange may open additional series listed pursuant to
Supplementary Material .12 to Rule 504 and Supplementary Material .05
to Rule 2009 during the week of expiration, consistent with changes
proposed by other exchanges.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle any potential additional traffic associated with
this proposed rule change. The Exchange believes that its members will
not have a capacity issue as a result of this proposal. The Exchange
also represents that it does not believe this expansion will cause
fragmentation of liquidity.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, the
Exchange believes that the proposed rule change will result in
additional investment options and opportunities to achieve the
investment objectives of market participants seeking efficient trading
and hedging vehicles, to the benefit of investors, market participants,
and the marketplace in general. Specifically, the Exchange believes
that investors will benefit from the availability of strike price
intervals in standard expiration contracts that match the intervals
currently permitted for short term options with a similar time to
expiration, and from the clarification regarding the listing of
additional series during the week of expiration.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 45 days of the publication date of this notice or within
such longer period (1) as the Commission may designate up to 45 days of
such date if it finds such longer period to be appropriate and
publishes its reasons for so finding or (2) as to which the self-
regulatory organization consents, the Commission will:
    (a) By order approve or disapprove such proposed rule change; or
    (b) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Amendment No. 2, 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-ISE-2014-23 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-ISE-2014-23. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,

Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2014-23 and should be
submitted on or before June 2, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-10771 Filed 5-9-14; 8:45 am]
BILLING CODE 8011-01-P


                              September 10, 2014

MEMORANDUM

From: 		Mary Johnson
         EPA/SPPD/ESG (D243-01)

To: 		Docket Number EPA-HQ-OAR-2013-0602

Subject: 	Meeting with Portland General Electric held on September 4, 2014

Attendees:

EPA:
Peter Tsirigotis, OAR/OAQPS
Robert Wayland, OAR/OAQPS
Nick Hutson, OAR/OAQPS
Andrew Bouchard, OAR/OAQPS
Kevin Culligan, OAR/OAQPS, by phone
Lisa Conner, OAR/OAQPS, by phone

Portland General Electric:
Brian Spak
Sunny Radcliffe, by phone
Elysia Treanor, by phone
Jimmy Lindsay, by phone
Steve Schue, by phone
Aaron Rodehorst, by phone
Reuben Plantico (outside consultant), by phone
Valerie West (outside consultant), by phone

Discussion:

A general discussion was held regarding Portland General Electric's comments on the EPA's June 18, 2014, proposal to regulate GHG emissions from existing electric utility generating units.


[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Notices]
[Page 74795-74796]
[DOCID:fr16de05-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos.CP98-131-006 and CP06-29-000]

Vector Pipeline L.P.; Notice of Application

December 12, 2005.
    On November 30, 2005, in Docket No. CP06-29-000, Vector Pipeline
L.P (Vector), pursuant to Natural Gas Act section 7(c) and Part 157
Subpart A of the Federal Energy Regulatory Commission's (Commission)
regulations filed an application for a certificate of public
convenience and necessity for authorization to construct, own, and
operate, compression faculties and appurtenances thereto, to be located
in Will County, Illinois and Macomb County, Michigan, as more fully set
forth in the application. The new compressor stations would be
constructed adjacent to its mainline facilities. The proposed Joliet
Compressor Station will consist of one 15,000 horsepower (hp)
compressor unit, while the Romeo Compressor Station would consist of
two 15, 000 hp compressor units. Total cost of construction would be
about $70.4 million. Vector states that the additional compression will
serve to increase its mainline transport capacity of additional
supplies of gas for delivery in the United States and/or to its
Canadian border connection. Vector requests that the Commission grant
certificate authorization no later than November 1, 2006 so that the
facilities can be in service by November 1, 2007.
    Concurrently, in Docket No. CP98-131-006, Vector filed an
application to amend the Presidential Permit and Natural Gas Act
Section 3 authority issued to Vector by the May 27, 1998 Commission
Order on Rehearing, 87 FERC ] 61,225, as subsequently amended. Vector
states that the proposed amendment would add to their extant authority
to transport gas between the United States and Canada by increasing the
maximum capacity permitted to flow through the existing border
facilities from 1330 thousand cubic feet per day (MMcf/d) to 2300 MMcf/
d. The higher maximum capacity

is a result of the proposed system expansion in Docket No. CP06-29-000.
    Questions concerning the application should be directed to Robert
F. Smith Manager, Regulatory and Administration at Vector Pipeline
L.P., 38705 Seven Mile Road, Suite 490, Livonia, Michigan 48152 or by
calling<PHONE_NUMBER>, or facsimile<PHONE_NUMBER>; or Kim M. Clark,
Esq. at John & Hengerer, 1200 17th Street, NW., Suite 600, Washington,
DC 20036-3013 or by calling<PHONE_NUMBER> or facsimile<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding. However, a person does not have to intervene in order to
have comments considered.
    The second way to participate is by filing with the Secretary of
the Commission, as soon as possible, an original and two copies of
comments in support of or in opposition to this project. The Commission
will consider these comments in determining the appropriate action to
be taken, but the filing of a comment alone will not serve to make the
filer a party to the proceeding. The Commission's rules require that
persons filing comments in opposition to the project provide copies of
their protests only to the party or parties directly involved in the
protest.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a) (1) (iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link at http://www.ferc.gov. The Commission strongly encourages

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on January 3, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7426 Filed 12-15-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Rules and Regulations]
[Page 9183-9185]
[DOCID:fr20fe08-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0060; Airspace Docket No. 08-ANE-91]

Establishment of Class E Airspace; Swans Island, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action establishes Class E Airspace at Swans Island, ME
to support a new Area Navigation (RNAV) Global Positioning System (GPS)
Special Instrument Approach Procedure (IAP) that has been developed for
medical flight operations into the Swans Island Heliport. This action
enhances the safety and management of Instrument Flight Rule (IFR)
operations by providing that required controlled airspace to protect
for this approach around Swans Island, ME.

DATES: Effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before April 7,
2008.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building, Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2008-0060; Airspace Docket No. 08-ANE-91, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.

    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

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

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov. or

the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html.
 Communications should identify both docket numbers and be

submitted in triplicate to the address specified under the caption
ADDRESSES above or through the Web site. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2008-0060; Airspace Docket No. 08-ANE-91.'' The postcard will be dated
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Swans Island, ME providing the
controlled airspace required to support the new Copter Area Navigation
(RNAV) Global Positioning System (GPS) 092 Point in Space (PinS)
approach developed for the Swans Island Heliport. In today's
environment where speed of treatment for medical injuries is
imperative, landing sites have been developed for helicopter medical
Lifeguard flights or Lifeflights at the local hospitals; this is one of
those sites. Controlled airspace extending upward from 700 feet Above
Ground Level (AGL) is required for Instrument Flight Rules (IFR)
operations and to encompass all Instrument Approach Procedures (IAPs)
to the extent practical, therefore, the FAA is amending Title 14, Code
of Federal Regulations (14 CFR) part 71 to establish a 6-mile radius
Class E5 airspace at Swans Island, ME. Designations for Class E
airspace areas extending upward from 700 feet or more above the surface
of the Earth are published in FAA Order 7400.9R, signed August 15, 2007
effective September 15, 2007, which is incorporated by reference in 14
CFR part 71.1. The Class E designations listed in this document will be
published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    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, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace near the Swans Island Heliport in
Swans Island, ME.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

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

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

    Authority: 49 U.S.C. 106(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 Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective

September 15, 2007, is amended as follows:

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

* * * * *

ANE ME E5 Swans Islands, ME [New]

Swans Island Heliport
    (Lat. 44[deg]09'55'' N., long. 68[deg]25'49'' W.)
Point in Space Coordinates
    (Lat. 44[deg]09'45'' N., long. 68[deg]26'41'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 6-mile radius of the Point in Space
Coordinates (Lat. 44[deg]09'45'' N., long. 68[deg]26'41'' W.)
serving the Swans Island Heliport.
* * * * *

    Issued in College Park, Georgia, on January 31, 2008.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 08-717 Filed 2-19-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Rules and Regulations]
[Pages 27304-27306]
[FR Doc No: 2013-11135]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0328]
RIN 1625-AA00

Safety Zone; Melrose Pyrotechnics Fireworks Display; Chicago
Harbor, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan in Chicago Harbor, Chicago Illinois. This safety zone is
intended to restrict vessels from a portion of Chicago Harbor due to a
Fireworks display. This temporary safety zone is necessary to protect
the surrounding public and vessels from the hazards associated with the
fireworks display.

DATES: This rule is effective from 5 p.m. on May 18, 2013, until 11:59
p.m. on June 11, 2013. This rule will be enforced from 5 p.m. until
11:59 p.m. on May 18 and June 11, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0328. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

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

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 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, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    During the evenings of May 18 and June 11, 2013, Melrose
Pyrotechnics will launch a fireworks display from the break wall south
of Navy Pier in Chicago Harbor, Chicago, IL. The Captain of the Port,
Lake Michigan, has determined that these fireworks displays will pose a
significant risk to public safety and property. Such hazards include
falling debris and collisions among spectator vessels.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port,
Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of spectators and vessels during the
fireworks displays within Chicago Harbor. This zone will be effective
from 5 p.m. on May 18, 2013, until 11:59 p.m. on June 11, 2013. This
zone will be enforced during the fireworks displays between 5 p.m.
until 11:59 p.m. on May 18 and June 11, 2013. This zone will encompass
all waters of Lake Michigan, Chicago Harbor within an 800 foot radius
of an approximate launch position at 41[deg]53'18.0'' N,
87[deg]36'11.8'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Lake Michigan,
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
small and enforced for only one day in May and one day in June. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which might be small entities: the owners or operators of
vessels intending to transit or anchor in a portion of the Chicago
Harbor on May 18 and/or June 11, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be effective and thus subject to enforcement, for
only one day in May and one day in June. Traffic may be allowed to pass
through the zone with the permission of the Captain of the Port. The
Captain of the Port can be reached via VHF channel 16. Before the
enforcement of the zone, we would issue local Broadcast Notice to
Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security

Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0328 to read as follows:

Sec.  165.T09-0328  Safety Zone; Melrose Pyrotechnics Fireworks
Display; Chicago Harbor, Chicago, Illinois.

    (a) Location. The safety zone will encompass all waters of Lake
Michigan, Chicago Harbor within an 800 foot radius of an approximate
launch position at 41[deg]53'18.0'' N, 87[deg]36'11.8'' W (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective from 5
p.m. on May 18, 2013, until 11:59 p.m. on June 11, 2013. This zone will
be enforced with actual notice from the on-scene Captain of the Port
representative during the fireworks displays between 5 p.m. until 11:59
p.m. on May 18 and June 11, 2013.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Lake Michigan or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Lake Michigan or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan or his on-scene representative may be contacted via
VHF Channel 16. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
Captain of the Port, Lake Michigan, or his on-scene representative.

    Dated: April 30, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-11135 Filed 5-9-13; 8:45 am]
BILLING CODE 9110-04-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

	    Issued by the Department of Transportation on February 14, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-14488

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no

additional confirming order will be issued in this matter).

Applicant:  Volga-Dnepr J.S. Cargo Airline				Date Filed:  February 10,
2003

Relief requested:  Exemption pursuant to 49 U.S.C. section 40109(g) to
permit it to operate two one-way cargo charter flights between Denver,
CO, and Cape Canaveral Air Force Station, FL, February 23-28, 2003,
using its AN-124 aircraft, to transport outsized cargo consisting of a
Centaur IIAS upper stage launch vehicle, an Atlas booster payload and
associated equipment, on behalf of Lockheed Martin Space Systems.  The
applicant stated that Lockheed Martin required urgent delivery of the
equipment in order to complete scheduled mission integration and
subsequent launch processing activities in time for a scheduled May
launch.  It also stated that the cargo is too large for transportation
on U.S. carrier aircraft, and that surface transportation was not
feasible because of the time involved, the delicate nature and high
value of the cargo, and conditions unsuitable to maintaining system
integrity compliance.

Applicant representative:  Glenn Wicks<PHONE_NUMBER>			DOT analyst:
Barbara Schools<PHONE_NUMBER>

Responsive pleadings:  Volga-Dnepr served its application on those U.S.
carriers operating large all-cargo aircraft.  Each carrier indicated
that it did not have aircraft available to conduct the proposed
operations and that it had no comment or did not oppose grant of the
requested authority to Volga-Dnepr.

Statutory Standards:  Under 49 U.S.C. section 40109(g), we may authorize
a foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under 49 U.S.C. section 41102; that all
possible efforts have been made to place the traffic on U.S. carriers;
and that the transportation is necessary to avoid unreasonable hardship
to the traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, was not relevant here).
For examples of earlier grants of authority of this type, see, e.g.,
Order 2001-5-23.

	DISPOSITION

Action:  Approved							Action date:  February 14, 2003

Effective dates of authority granted:  February 23 - March 3, 2003

Basis for approval:  We found that the application met all the relevant
criteria of 49 U.S.C. section 40109(g) for the grant of an exemption of
this type and that the grant was required in the public interest.
Specifically, we were persuaded that the need to move the equipment
promptly in order to complete the scheduled launch processing
procedures; the fact that the equipment could not be transported by
surface either in time to meet that schedule or without the risk of
damage to the cargo; the potential negative impact of delivery delays;
and the unique, outsized nature of the cargo, constituted an emergency
not arising in the normal course of business.  Moreover, based on the
representations of the U.S. carriers, we concluded that no U.S. carrier
had aircraft available which could be used to conduct the operations at
issue here.  We also found that grant of Volga-Dnepr’s request would
prevent undue hardship to the cargo and Lockheed Martin.  Finally, we
found that the applicant was qualified to perform its proposed
operations (see, e.g., Order 94-10-13).

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions (attached) and to the condition that
Volga-Dnepr comply with an FAA-approved flight routing for the
authorized flight and obtain any requisite Department of Defense
authorizations.

Action taken by:   	Read C. Van de Water

			Assistant Secretary for Aviation

			   and International Affairs

An electronic version of this document is available on the World Wide
Web at:  http://dms.dot.gov//reports/reports_aviation.asp

												        Appendix A

FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY

In the conduct of the operations authorized, the holder shall:

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

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security;1

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

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

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

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

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are:

   (a)  based on its operations in international air transportation
that, according to the contract of carriage, include a point in the
United States as a point of origin, point of destination, or agreed
stopping place, or for which the contract of carriage was purchased in
the United States; or

   (b)  based on a claim under any international agreement or treaty
cognizable in any court or other tribunal of the United States.

In this condition, the term "international air transportation" means
"international transportation" as defined by the Warsaw Convention,
except that all States shall be considered to be High Contracting
Parties for the purpose of this definition;

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

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

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

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

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code (formerly the
Federal Aviation Act of 1958, as amended).__________________

1  To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) from a foreign airport that would be
the holder’s last point of departure for the United States, inform its
Principal Security Inspector of its plans.

U.S. Department of Transportation

Office of the Secretary of Transportation									        (41301/40109)
10/2002


[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Page 17237]
[FR Doc No: 2017-07038]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-197-003.
    Applicants: Dominion Cove Point LNG, LP.
    Description: Dominion Cove Point LNG, LP submits tariff filing per
385.602: DCP-RP17-197 Gas Quality Stipulation and Agreement.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5233.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    Docket Numbers: RP17-565-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Company, LLC submits tariff
filing per 154.204: Exhibit B Update--add Contracts 119233 and 119623
to be effective 4/1/2017.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5037.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    Docket Numbers: RP17-566-000.
    Applicants: Elba Express Company, L.L.C.
    Description: Elba Express Company, L.L.C. submits tariff filing per
154.203: Annual Interruptible Revenue Crediting Report.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5060.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    Docket Numbers: RP17-567-000.
    Applicants: Northwest Pipeline LLC.
    Description: Northwest Pipeline LLC submits tariff filing per
154.204: Extension of Time Provisions Filing to be effective 5/1/2017.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5100.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    Docket Numbers: RP17-568-000.
    Applicants: Dominion Transmission, Inc.
    Description: Dominion Transmission, Inc. submits tariff filing per
154.204: DTI--March 29, 2017 Administrative Changes to be effective 4/
29/2017.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5109.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    Docket Numbers: RP17-569-000.
    Applicants: MoGas Pipeline LLC.
    Description: MoGas Pipeline LLC submits tariff filing per 154.204:
Filing to Implement Proposed GTC Section 7.41 in MoGas FERC Gas Tariff
to be effective 5/1/2017.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5124.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    Docket Numbers: RP17-570-000.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Penalty Revenue Crediting Report of Horizon Pipeline
Company, L.L.C.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5167.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    Docket Numbers: RP17-571-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Iroquois Gas Transmission System, L.P. submits tariff
filing per 154.204: 03/29/17 Negotiated Rates--ENI Trading & Shipping
(RTS) 7825-02 to be effective 4/1/2017.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5195.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    Docket Numbers: RP17-572-000.
    Applicants: Alliance Pipeline L.P.
    Description: Alliance Pipeline L.P. submits tariff filing per
154.204: Negotiated Contracts March 2017 to be effective 4/1/2017.
    Filed Date: 03/29/2017.
    Accession Number: 20170329-5197.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 10, 2017.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 30, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-07038 Filed 4-7-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45432]
[DOCID:fr05au08-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

July 29, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: CP08-49-001.
    Applicants: Distrigas of Massachusetts LLC.
    Description: Distrigas of Massachusetts LLC submits notice and
information required to cancel its FERC Gas Tariff First Revised Volume
1, in its entirety.
    Filed Date: 07/24/2008.
    Accession Number: 20080729-0090.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 6, 2008.

    Docket Numbers: RP06-200-045.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits First Revised
Sheet 9N to FERC Gas Tariff, Second Revised Volume 1, to be effective
7/25/08.
    Filed Date: 07/25/2008.
    Accession Number: 20080729-0088.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 6, 2008.

    Docket Numbers: RP08-455-000.
    Applicants: Wyoming Interstate Company, Ltd.
    Description: Wyoming Interstate Company, Ltd submits Twenty-Second
Revised Sheet 4C and Fourth Revised Sheet 4D to FERC Gas Tariff, Second
Revised Volume 2, to be effective 7/1/08.
    Filed Date: 07/25/2008.
    Accession Number: 20080729-0089.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 6, 2008.

    Docket Numbers: RP96-320-093.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits several
capacity release agreements containing negotiated rate provisions
executed by Gulf South and Q-West Energy Company.
    Filed Date: 07/25/2008.
    Accession Number: 20080729-0091.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 6, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-17871 Filed 8-4-08; 8:45 am]

BILLING CODE 6717-01-P


transportation of property by a carrier at a different rate than the
rate in effect under 49 U.S.C. 13702 is liable for a maximum penalty
of $160,484 per violation. When acting in the scope of his/her
employment, the acts or omissions of a person acting for or employed
by a carrier or shipper are considered to be the acts or omissions
of that carrier or shipper, as well as that person.
    (11) Any person who offers, gives, solicits, or receives a
rebate or concession related to motor carrier transportation subject
to jurisdiction under subchapter I of 49 U.S.C. chapter 135, or who
assists or permits another person to get that transportation at less
than the rate in effect under 49 U.S.C. 13702, commits a violation
for which the penalty is $320 for the first violation and $401 for
each subsequent violation.
    (12) A freight forwarder, its officer, agent, or employee, that
assists or willingly permits a person to get service under 49 U.S.C.
13531 at less than the rate in effect under 49 U.S.C. 13702 commits
a violation for which the penalty is up to $803 for the first
violation and up to $3,210 for each subsequent violation.
    (13) A person who gets or attempts to get service from a freight
forwarder under 49 U.S.C. 13531 at less than the rate in effect
under 49 U.S.C. 13702 commits a violation for which the penalty is
up to $803 for the first violation and up to $3,210 for each
subsequent violation.
    (14) A person who knowingly authorizes, consents to, or permits
a violation of 49 U.S.C. 14103 relating to loading and unloading
motor vehicles or who knowingly violates subsection (a) of 49 U.S.C.
14103 is liable for a penalty of not more than $16,048 per
violation.
* * * * *
    (16) A person required to make a report to the Secretary, answer
a question, or make, prepare, or preserve a record under part B of
subtitle IV, title 49, U.S.C., or an officer, agent, or employee of
that person, is liable for a minimum penalty of $1,066 and for a
maximum penalty of $8,025 per violation if it does not make the
report, does not completely and truthfully answer the question
within 30 days from the date the Secretary requires the answer, does
not make or preserve the record in the form and manner prescribed,
falsifies, destroys, or changes the report or record, files a false
report or record, makes a false or incomplete entry in the record
about a business-related fact, or prepares or preserves a record in
violation of a regulation or order of the Secretary.
    (17) A motor carrier, water carrier, freight forwarder, or
broker, or their officer, receiver, trustee, lessee, employee, or
other person authorized to receive information from them, who
discloses information identified in 49 U.S.C. 14908 without the
permission of the shipper or consignee is liable for a maximum
penalty of $3,210.
    (18) A person who violates a provision of part B, subtitle IV,
title 49, U.S.C., or a regulation or order under part B, or who
violates a condition of registration related to transportation that
is subject to jurisdiction under subchapter I or III of chapter 135,
or who violates a condition of registration of a foreign motor
carrier or foreign motor private carrier under section 13902, is
liable for a penalty of $803 for each violation if another penalty
is not provided in 49 U.S.C. chapter 149.
* * * * *
    (21) A person--
    (i) Who knowingly and willfully fails, in violation of a
contract, to deliver to, or unload at, the destination of a shipment
of household goods in interstate commerce for which charges have
been estimated by the motor carrier transporting such goods, and for
which the shipper has tendered a payment in accordance with part
375, subpart G of this chapter, is liable for a civil penalty of not
less than $16,048 for each violation. Each day of a continuing
violation constitutes a separate offense.
* * * * *
    (22) A broker for transportation of household goods who makes an
estimate of the cost of transporting any such goods before entering
into an agreement with a motor carrier to provide transportation of
household goods subject to FMCSA jurisdiction is liable to the
United States for a civil penalty of not less than $12,383 for each
violation.
    (23) A person who provides transportation of household goods
subject to jurisdiction under 49 U.S.C. chapter 135, subchapter I,
or provides broker services for such transportation, without being
registered under 49 U.S.C. chapter 139 to provide such
transportation or services as a motor carrier or broker, as the case
may be, is liable to the United States for a civil penalty of not
less than $30,956 for each violation.
    (h) Copying of records and access to equipment, lands, and
buildings. A person subject to 49 U.S.C. chapter 51 or a motor
carrier, broker, freight forwarder, or owner or operator of a
commercial motor vehicle subject to part B of subtitle VI of title
49 U.S.C. who fails to allow promptly, upon demand in person or in
writing, the Federal

Motor Carrier Safety Administration, an employee designated by the
Federal Motor Carrier Safety Administration, or an employee of a
MCSAP grant recipient to inspect and copy any record or inspect and
examine equipment, lands, buildings, and other property, in
accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b), is subject
to a civil penalty of not more than $1,239 for each offense. Each
day of a continuing violation constitutes a separate offense, except
that the total of all civil penalties against any violator for all
offenses related to a single violation shall not exceed $12,383.
    (i) Evasion. A person, or an officer, employee, or agent of that
person:
    (1) Who by any means tries to evade regulation of motor carriers
under title 49, United States Code, chapter 5, chapter 51,
subchapter III of chapter 311 (except sections 31138 and 31139) or
sections 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or
a regulation issued under any of those provisions, shall be fined at
least $2,133 but not more than $5,332 for the first violation and at
least $2,665 but not more than $7,997 for a subsequent violation.
    (2) Who tries to evade regulation under part B of subtitle IV,
title 49, U.S.C., for carriers or brokers is liable for a penalty of
at least $2,133 for the first violation or at least $5,332 for a
subsequent violation.

PART 578--CIVIL AND CRIMINAL PENALTIES

0
127. The authority citation for 49 CFR part 578 is revised to read as
follows:

    Authority:  Pub. L. 92-513, Pub. L. 94-163, Pub. L. 98-547, Pub.
L. 101-410, Pub. L. 102-388, Pub. L. 102-519, Pub. L. 104-134, Pub.
L. 109-59, Pub. L. 110-140, Pub. L. 112-141, Pub. L. 114-74, Pub. L.
114-94, 49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709,
32710, 32902, 32912, 33114 and 33115; delegation of authority at 49
CFR 1.81, 1.95.

0
128. Section 578.5 is revised to read as follows:

Sec.  578.5  Inflationary adjustment of civil penalties.

    The civil penalties set forth in this part continue in effect until
adjusted by the Administrator. The Administrator shall review the
amount of these civil penalties annually and will, if appropriate,
adjust them by rule.

0
129. Amend Sec.  578.6 by revising paragraphs (a) through (g), and (i)
to read as follows:

Sec.  578.6  Civil penalties for violations of specified provisions of
Title 49 of the United States Code.

    (a) Motor vehicle safety--(1) In general. A person who violates any
of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c),
30127, or 30141 through 30147 of Title 49 of the United States Code or
a regulation prescribed under any of those sections is liable to the
United States Government for a civil penalty of not more than $21,780
for each violation. A separate violation occurs for each motor vehicle
or item of motor vehicle equipment and for each failure or refusal to
allow or perform an act required by any of those sections. The maximum
civil penalty under this paragraph for a related series of violations
is $108,895,910.
    (2) School buses. (i) Notwithstanding paragraph (a)(1) of this
section, a person who:
    (A) Violates section 30112(a)(1) of Title 49 United States Code by
the manufacture, sale, offer for sale, introduction or delivery for
introduction into interstate commerce, or importation of a school bus
or school bus equipment (as those terms are defined in 49 U.S.C.
30125(a)); or
    (B) Violates section 30112(a)(2) of Title 49 United States Code,
shall be subject to a civil penalty of not more than $12,383 for each
violation. A separate violation occurs for each motor vehicle or item
of motor vehicle equipment and for each failure or refusal to allow or
perform an act required by this section. The maximum penalty under this
paragraph for a related series of violations is $18,574,064.
    (3) Section 30166. A person who violates Section 30166 of Title 49
of the United States Code or a regulation prescribed under that section
is liable to the United States Government for a civil penalty for
failing or refusing to allow or perform an act required under that
section or regulation. The maximum penalty under this paragraph is
$21,780 per violation per day. The maximum penalty under this paragraph
for a related series of daily violations is $108,895,910.
    (4) False and misleading reports. A person who knowingly and
willfully submits materially false or misleading information to the
Secretary, after certifying the same information as accurate under the
certification process established pursuant to Section 30166(o), shall
be subject to a civil penalty of not more than $5,332 per day. The
maximum penalty under this paragraph for a related series of daily
violations is $1,066,340.
    (b) National Automobile Title Information System. An individual or
entity violating 49 U.S.C. Chapter 305 is liable to the United States
Government for a civil penalty of not more than $1,739 for each
violation.
    (c) Bumper standards. (1) A person that violates 49 U.S.C. 32506(a)
is liable to the United States Government for a civil penalty of not
more than $2,852 for each violation. A separate violation occurs for
each passenger motor vehicle or item of passenger motor vehicle
equipment involved in a violation of 49 U.S.C. 32506(a)(1) or (4)--
    (i) That does not comply with a standard prescribed under 49 U.S.C.
32502, or
    (ii) For which a certificate is not provided, or for which a false
or misleading certificate is provided, under 49 U.S.C. 32504.
    (2) The maximum civil penalty under this paragraph (c) for a
related series of violations is $3,176,131.
    (d) Consumer information--(1) Crash-worthiness and damage
susceptibility. A person who violates 49 U.S.C. 32308(a), regarding
crashworthiness and damage susceptibility, is liable to the United
States Government for a civil penalty of not more than $2,852 for each
violation. Each failure to provide information or comply with a
regulation in violation of 49 U.S.C. 32308(a) is a separate violation.
The maximum penalty under this paragraph for a related series of
violations is $1,555,656.
    (2) Consumer tire information. Any person who fails to comply with
the national tire fuel efficiency program under 49 U.S.C. 32304A is
liable to the United States Government for a civil penalty of not more
than $59,029 for each violation.
    (e) Country of origin content labeling. A manufacturer of a
passenger motor vehicle distributed in commerce for sale in the United
States that willfully fails to attach the label required under 49
U.S.C. 32304 to a new passenger motor vehicle that the manufacturer
manufactures or imports, or a dealer that fails to maintain that label
as required under 49 U.S.C. 32304, is liable to the United States
Government for a civil penalty of not more than $1,739 for each
violation. Each failure to attach or maintain that label for each
vehicle is a separate violation.
    (f) Odometer tampering and disclosure. (1) A person that violates
49 U.S.C. Chapter 327 or a regulation prescribed or order issued
thereunder is liable to the United States Government for a civil
penalty of not more than $10,663 for each violation. A separate
violation occurs for each motor vehicle or device involved in the
violation. The maximum civil penalty under this paragraph for a related
series of violations is $1,066,340.
    (2) A person that violates 49 U.S.C. Chapter 327 or a regulation
prescribed or order issued thereunder, with intent to defraud, is
liable for three times the actual damages or $10,663, whichever is
greater.
    (g) Vehicle theft protection. (1) A person that violates 49 U.S.C.
33114(a)(1)-(4) is liable to the United

States Government for a civil penalty of not more than $2,343 for each
violation. The failure of more than one part of a single motor vehicle
to conform to an applicable standard under 49 U.S.C. 33102 or 33103 is
only a single violation. The maximum penalty under this paragraph for a
related series of violations is $585,619.
    (2) A person that violates 49 U.S.C. 33114(a)(5) is liable to the
United States Government for a civil penalty of not more than $173,951
a day for each violation.
* * * * *
    (i) Medium- and heavy-duty vehicle fuel efficiency. The maximum
civil penalty for a violation of the fuel consumption standards of 49
CFR part 535 is not more than $40,852 per vehicle or engine. The
maximum civil penalty for a related series of violations shall be
determined by multiplying $40, 852 times the vehicle or engine
production volume for the model year in question within the regulatory
averaging set.

    Issued in Washington, DC, under authority delegated at 49 CFR
1.27(n).
Steven G. Bradbury,
General Counsel.
[FR Doc. 2018-24930 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-9X-P