[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15261-15263]
[FR Doc No: 2012-6312]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0138]
RIN 1625-AA00

Safety Zone; Non-Compliant Vessel Pursuit Training Course, Wando
River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Wando River during the Non-Compliant Vessel Pursuit Training Course in
Charleston, South Carolina from Monday, March 19, 2012 through Friday,
March 23, 2012. The safety zone is necessary to protect the public from
hazards associated with executing small boat law enforcement tactics
and high speed maneuvers during the training course. Persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the safety zone unless authorized by the Captain of
the Port Charleston or a designated representative.

DATES: This rule is effective from 7 a.m. on March 19, 2012 through 3
p.m. on March 23, 2012. This rule will be enforced from: (1) 7 a.m.
until 11:30 a.m. and 12:30 p.m. until 4:30 p.m. on March 19 and 20,
2012; (2) 7 a.m. until 11:30 a.m., 12:30 p.m. until 4:30 p.m., and 8
p.m. until 10 p.m. on March 21 and 22, 2012; and (3) 7 a.m. until 11:30
a.m. and 12:30 p.m. until 3 p.m. on March 23, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0138 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0138 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Ensign John R. Santorum, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not have
necessary information regarding the training course until February 22,
2012. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to the training
course. Any delay in the effective date of this rule would be contrary
to the public interest because immediate action is needed to minimize
potential danger to the public during the small boat tactical training
and maneuvering.
    For the same reason discussed above, under 5 U.S.C. 553(d)(3) the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other 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; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect the public from hazards
associated with executing small boat law enforcement tactics and high
speed maneuvers during the training course.

Discussion of Rule

    From Monday, March 19, 2012 through Friday, March 23, 2012, the
Maritime Law Enforcement Academy will conduct tactical training and
high speed maneuvering with Coast Guard small boats. This tactical
training and high speed maneuvering will include application of various
law enforcement tactics, high speed turns, and outside loop maneuvers.
    The temporary safety zone encompasses certain waters of the Wando
River in Charleston, South Carolina. This safety zone will be enforced
from: (1) 7 a.m. until 11:30 a.m. and 12:30 p.m. until 4:30 p.m. on
March 19 and 20, 2012; (2) 7 a.m. until 11:30 a.m., 12:30 p.m. until
4:30 p.m., and 8 p.m. until 10 p.m. on March 21 and 22, 2012; and (3) 7
a.m. until 11:30 a.m. and 12:30 p.m. until 3 p.m. on March 23, 2012.
Persons and vessels are prohibited from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port Charleston or a designated representative.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the safety zone may contact the Captain of the Port
Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the Captain of the Port Charleston or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative. The Coast Guard will
provide notice of the safety zone by Broadcast Notice to Mariners and
Marine Safety Information Bulletins. The Coast Guard will also provide
notice of the safety zone by on-scene designated representatives.

Regulatory Analyses

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

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget

has not reviewed this regulation under Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for a total of
45 hours; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Charleston or a designated representative; and
(4)advance notification of the safety zone will be made to the local
maritime community by Broadcast Notice to Mariners and Marine Safety
Information Bulletins.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Wando River encompassed within the temporary safety zone from 7 a.m. on
March 19, 2012 through 3 p.m. on March 23, 2012. For the reasons
discussed in the Regulatory Planning and Review section above, this
rule will not have a significant economic impact on a substantial
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness 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.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a

category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph 34(g), of the Instruction. This
rule involves establishing a temporary safety zone that will be
enforced for a total of 45 hours. An environmental analysis checklist
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. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0138 to read as follows:

Sec.  165.T07-0138  Safety Zone; Non-Compliant Vessel Pursuit Training
Course, Wando River, Charleston, SC.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters of the Wando River, bank to bank and surface to bottom
between Daybeacon 13, at position 32[deg]51'46'' N,
79[deg]53'26'' W; and Daybeacon 23, at position 32[deg]52'31''
N, 79[deg]51'15'' W. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and
on-scene designated representatives.
    (d) Effective Date. This rule is effective from 7 a.m. on March 19,
2012 through 3 p.m. on March 23, 2012. This rule will be enforced from:
    (1) 7 a.m. until 11:30 a.m. and 12:30 p.m. until 4:30 p.m. on March
19 and 20, 2012;
    (2) 7 a.m. until 11:30 a.m., 12:30 p.m. until 4:30 p.m., and 8 p.m.
until 10 p.m. on March 21 and 22, 2012; and
    (3) 7 a.m. until 11:30 a.m. and 12:30 p.m. until 3 p.m. on March
23, 2012.

    Dated: March 7, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-6312 Filed 3-14-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7816-7817]
[FR Doc No: 2017-01352]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-30-000]

Columbia Gas Transmission, LLC; Notice of Request Under Blanket
Authorization

    Take notice that on January 6, 2017 Columbia Gas Transmission, LLC
(Columbia), 5151 San Felipe, Suite 2500, Houston, TX 77056, filed in
Docket No. CP17-30-000 a prior notice request pursuant to sections
157.205 and 157.213(b) of the Commission's regulations under the
Natural Gas Act (NGA) and Columbia's authorization in Docket No. CP83-
76-000, 22 FERC ] 62,029 (1983), requesting authorization to (i)
construct two wells located in Vinton County, Ohio, and (ii) construct
two well lines to tie the wells into existing pipelines, all as more
fully set forth in the application which is on file with the Commission
and open to public inspection. The filing may also be viewed on the web
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, please contact FERC Online Support
at FERCOnlineSupport@

ferc.gov or toll free at<PHONE_NUMBER>, or TTY, contact (202) 502-
8659.
    Any questions concerning this application may be directed to Robert
D. Jackson, Manager, Certificates & Regulatory Administration, Columbia
Gas Transmission, LLC, 700 Louisiana Street, Suite 700, Houston, TX,
77002-2700, at<PHONE_NUMBER> or fax<PHONE_NUMBER> or
<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.

    Dated: January 13, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-01352 Filed 1-19-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Notices]
[Page 56700]
[FR Doc No: 2021-22120]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-11-000]

Janis Solar, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Janis Solar, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 25, 2021.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: October 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22120 Filed 10-8-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Notices]
[Page 19921]
[FR Doc No: 2019-09294]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14966-000]

Notice of Preliminary Permit Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Competing Applications;
Grid Balance Hydropower, LLC

    On February 25, 2019, Grid Balance Hydropower, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Packer-Banks Pumped Storage Project to be located in Carbon County,
Pennsylvania. 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.
    The proposed project would consist of the following: (1) A new
9,500-foot-long, 80- to 120-foot-high roller-compacted concrete and/or
rock-filled dam or dike forming an upper reservoir having a surface
area of 120 acres and a total storage capacity of approximately 9,300
acre-feet at a normal maximum water surface elevation between
approximately 1,960 and 1,860 feet above mean sea level (msl); (2) a
lower reservoir with three different options: Option A (site 1) or B
(site 2) would include a new 9,500-foot-long, 85- to 95-foot-high
roller-compacted concrete and/or rock-filled dam or dike forming a
lower reservoir having a surface area of 120 acres and a total storage
capacity of approximately 9,300 acre-feet at a normal maximum water
surface elevation between approximately 1,250 and 1,350 feet msl.
Option C (site 3) would include a below grade mine pit with a surface
area of 200 acres and a total storage capacity of approximately 10,000
acre-feet at a normal maximum water surface elevation between
approximately 1,250 and 1,350 feet msl; (3) a 5,500-foot-long tunnel
and/or penstock connecting the upper and lower reservoirs; (4) a
powerhouse containing four turbine-generator units with a total rated
capacity of 400 megawatts; (5) a transmission line connecting to an
existing 230-kilovolt transmission line traversing the site; and (6)
appurtenant facilities. Initial fill and make-up water for the project
would come from a nearby abandoned mine drainage source. The proposed
project would have an annual generation of 1,680,000 megawatt-hours.
    Applicant Contact: Paul A. DiRenzo, Jr., Grid Balance Hydropower,
LLC, 214 Norwegian Woods Drive, Pottsville, PA 17901; phone: 570-617-
7810.
    FERC Contact: Monir Chowdhury; phone:<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.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14966-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14966) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: May 1, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-09294 Filed 5-6-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Proposed Rules]
[Pages 21510-21512]
[FR Doc No: 2012-8560]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-1457; Airspace Docket No. 11-ASO-47]

Proposed Revocation of Class D Airspace; Andalusia, AL and
Proposed Amendment of Class E Airspace; Fort Rucker, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove Class D Airspace at Andalusia,
AL, as the Air Traffic Control Tower at South Alabama Regional Airport
at Bill Benton Field has closed, and amend Class E Airspace at Fort
Rucker, AL, by recognizing the airport's name change to South Alabama
Regional Airport at Bill Benton Field. This action also would update
the geographic coordinates of the two listed Class E airports.

DATES: Comments must be received on or before May 25, 2012. The
Director of

the Federal Register approves this incorporation by reference action
under title 1, Code of Federal Regulations, part 51, subject to the
annual revision of FAA, Order 7400.9 and publication of conforming
amendments.

ADDRESSES: 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-2011-1457; Airspace Docket No. 11-ASO-47, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2011-1457; Airspace Docket No. 11-ASO-47) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2011-1457; Airspace Docket No. 11-ASO-47.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the 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 350, 1701 Columbia Avenue, College Park, Georgia
30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to remove Class D airspace at Andalusia,
AL, due to the closing of the air traffic control tower at South
Alabama Regional Airport at Bill Benton Field (formerly Andalusia-Opp
Airport.) This action also amends Class E airspace to recognize the
name change from Andalusia-Opp Airport to South Alabama Regional
Airport at Bill Benton Field, and adjust the geographic coordinates of
the above airport, Cairns AAF, Ft Rucker, AL and Florala Municipal, AL.
    Class D and E airspace designations are published in Paragraph 5000
and 6005 respectively of FAA Order 7400.9V, dated August 9, 2011, and
effective September 15, 2011, which is incorporated by reference in 14
CFR 71.1. The Class D and E airspace designations listed in this
document will be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would 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 proposed 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 proposed regulation is within the scope
of that authority as it would remove Class D airspace at Andalusia, AL,
and amend Class E airspace at Fort Rucker, AL.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points,

dated August 9, 2011, effective September 15, 2011, is amended as
follows:

Paragraph 5000 Class D airspace.

* * * * *

ASO AL D Andalusia, AL [Removed]

Paragraph 6005 Class E airspace.

* * * * *

ASO AL E5 Fort Rucker, AL [Amended]

Fort Rucker, Cairns AAF, AL
    (Lat. 31[deg]16'33'' N., long. 85[deg]42'48'' W.)
South Alabama Regional Airport at Bill Benton Field, Andalusia, AL
    (Lat. 31[deg]18'30'' N., long. 86[deg]23'32'' W.)
Florala Municipal Airport, AL
    (Lat. 31[deg]02'33'' N., long. 86[deg]18'42'' W.)

    That airspace extending upward from 700 feet or more above the
surface within the area bounded by a line beginning at lat.
31[deg]38'01'' N., long. 86[deg]23'30'' W.; to lat. 31[deg]45'01''
N., long. 85[deg]38'00'' W.; to lat. 31[deg]17'01'' N., long.
85[deg]26'00'' W.; thence to lat. 31[deg]04'01'' N., long.
85[deg]52'00'' W.; to lat. 31[deg]03'02'' N., long. 86[deg]11'04''
W.; to and clockwise along the arc of a 6.5-mile radius circle of
Florala Municipal Airport to lat. 31[deg]02'14'' N., long.
86[deg]26'10'' W.; thence to the point of beginning and within a 7-
mile radius of South Alabama Regional Airport at Bill Benton Field.

    Issued in College Park, Georgia, on March 30, 2012.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2012-8560 Filed 4-9-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15773-15775]
[FR Doc No: 2013-05571]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69038; File No. SR-BATS-2013-016]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Modify the BATS Options Market
Maker Obligation Rule

March 5, 2013.
    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 March 1, 2013, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it 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)(iii).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal for the BATS Options Market (``BATS
Options'') to amend Rule 22.6(d) in connection with the upcoming
operation of the Plan to Address Extraordinary Market Volatility
Pursuant to Rule 608 of Regulation NMS under the Act (the ``Limit Up-
Limit Down Plan'' or ``Plan'').\5\ The Exchange is also proposing to
amend Rule 22.6(d) to suspend the obligation of market makers
registered with BATS (``Market Makers'') to enter continuous bids and
offers during a halt, suspension, or pause in trading of the underlying
security (collectively, a ``Trading Halt'').
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, on the Commission's Web site at http://www.sec.gov, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change 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 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange currently requires Market Makers to enter continuous
bids and offers for the options series to which it is registered in at
least 75% of the options series in which the Market Maker is
registered. The purpose of this proposed rule change is to amend BATS
Rule 22.6(d) to suspend a Market Maker's continuous quoting obligations
when the underlying security is subject to a ``Limit State'' or
``Straddle State'' as defined Limit in the Up-Limit Down Plan and
during a Trading Halt.
    The Limit Up-Limit Down Plan is designed to prevent executions from
occurring outside of dynamic price bands disseminated to the public by
the single plan processor as defined in the Limit Up-Limit Down Plan.
Under the Plan, a Limit State will be declared if the national best
offer equals the lower price band and does not cross the national best
bid, or the national best bid equals the upper price band and does not
cross the national best offer. A Straddle State is when the national
best bid (offer) is below (above) the lower (upper) price band and the
security is not in a Limit State, and trading in that security deviates
from normal trading characteristics such that declaring a trading pause
would support the Plan's goal to address extraordinary market
volatility. Accordingly, when the underlying security is in a Limit
State or Straddle State, there will not be a reliable price for the
security to serve as a benchmark for the price of the related option.
While, in theory, the liquidity provided by requiring Market Makers to
continue to quote during a Limit or Straddle State could help to
stabilize a volatile market, without a reliable benchmark for pricing
an option, Market Makers would likely respond to the uncertainty by
entering very wide

quotes, which would not provide any additional stability and could
potentially lead to additional uncertainty. As such, the Exchange is
proposing to eliminate the continuous quoting requirements of Rule
22.6(d) when the underlying security is in a Limit State or Straddle
state. Specifically, the Exchange is proposing to exclude the time
during which the underlying security is in a Limit State or Straddle
state when evaluating whether a Market Maker has met the continuous
quoting requirements of Rule 22.6(d). The Exchange believes that this
relief will help to maintain a fair and efficient marketplace for the
execution of options.
    The Exchange is also proposing to amend Rule 22.6(d) to provide an
exception to the continuous quoting requirements for Market Makers
during a Trading Halt. Currently, the Exchange does not provide an
exemption for its requirement that a Market Maker enter continuous bids
and offers for the options series to which it is registered. Much like
when an underlying security is in a Limit State or a Straddle State,
there is no reliable price during a Trading Halt to serve as a
benchmark for the price of the related option because the only
available price is the last trade prior to the Trading Halt. Based on
this concern and for the same reasons discussed above, the Exchange is
proposing to exempt Market Makers from existing continuous quoting
requirements during a Trading Halt.
2. Statutory Basis
    The Exchange believes that its proposal 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.\6\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act,\7\ because it
would promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general protect investors and the
public interest. The Exchange believes that exempting Market Makers
from the continuous quoting requirements on BATS Options when the
underlying security is in a Limit State or Straddle State or a Trading
Halt will help to prevent executions that might occur at prices that
have not been reliably formed. Further, the proposed changes will allow
Market Makers to enter orders only where the Market Maker is confident
in the price of the option, rather than on a continuous basis in all
series in which the Market Maker is registered, which the Exchange
believes will help to minimize uncertainty during a volatile market.
The Exchange also believes that these changes will help to incentivize
participants registered with BATS as Market Makers to continue to act
as Market Makers, rather than potentially causing Market Makers to de-
register. The Exchange also believes that this change will help to
protect all investors from executions at prices that are not based on a
reliable benchmark for the price of an option during times of
significant volatility, and thus, believes the proposal to be
consistent with the protection of investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 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. To the contrary, the Exchange
believes that other options exchanges are proposing to suspend a market
maker's quoting obligations when the underlying security is subject to
a Limit State or Straddle State in connection with the Limit Up-Limit
Down Plan consistent with the Exchange's handling proposed by this
filing.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (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 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 No. SR-BATS-2013-016 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 No. SR-BATS-2013-016. 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 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-BATS-2013-016 and should be
submitted on or before April 2, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05571 Filed 3-11-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 14, 2005 (Volume 70, Number 198)]
[Notices]
[Page 60125-60127]
[DOCID:fr14oc05-81]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52572; File No. SR-Phlx-2005-57]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval to a Proposed
Rule Change Relating to Dissemination of the Underlying Index Value for
Trust Shares and Index Fund Shares

October 7, 2005.
    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 September 21, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``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 Phlx. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons. In addition, the Commission is granting
accelerated approval of the proposed rule change.
---------------------------------------------------------------------------

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

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

    The Phlx proposes to amend Sections (i) and (l) of Phlx Rule 803,
the listing standards for two kinds of exchange traded funds, Trust
Shares and Index Fund Shares, to provide that the current value of the
underlying index must be widely disseminated by one or more major
market data vendors at least every 15 seconds during the time the Trust
Share or Index Fund Share trades on the Exchange. The text of the
proposed rule change is set forth below. Proposed new language is in
italics; proposed deletions are in brackets.
* * * * *

Rule 803

Criteria for Listing--Tier I
* * * * *
    (a)-(h) No Change.
    (i) Trust Shares
    (1)-(10) No Change.
    (11) The Exchange may approve a series of Trust Shares for trading,
whether by listing or pursuant to unlisted trading privileges, pursuant
to Rule 19b-4(e) under the Securities Exchange Act of 1934 provided
each of the following criteria is satisfied:
    (a) No Change.

    (b) Index Methodology and Calculation.
    (i) No Change.
    (ii) No Change.
    (iii) The current index value will be widely disseminated by one or
more major market data vendors at least every 15 seconds during the
time when the Trust Shares trade on the Exchange [over the Consolidated
Tape Association's Network B].
    (c)-(h) No Change.
    (j) No Change.
    (k) No Change.
    (l) Index Fund Shares
    (1)-(5) No Change.
    (6) Listing Pursuant to SEC Rule 19b-4(e). The Exchange may approve
a series of Index Fund Shares for listing pursuant to Rule 19b-4(e)
under the Securities Exchange Act of 1934 provided each of the
following criteria is satisfied:
    (A) No Change.
    (B) Index Methodology and Calculation. (I) The index underlying a
series of Index Fund Shares will be calculated based on either the
market capitalization, modified market capitalization, price, equal-
dollar or modified equal-dollar weighting methodology; (II) If the
index is maintained by a broker-dealer, the broker-dealer shall erect a
``fire wall'' around the personnel who have access to information
concerning changes and adjustments to the index and the index shall be
calculated by a third party who is not a broker-dealer; and (III) The
current index value will be widely disseminated by one or more major
market data vendors at least every 15 seconds during the time when the
Index Fund Shares trade on the Exchange [over the Consolidated Tape
Association's Network B].
    (C)-(H) No Change.
    (7)-(8) No Change.
* * * * *

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it had received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Phlx 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
    Sections (i)(11) and (l)(6) of Phlx Rule 803 provide listing
standards for Trust Shares and Index Fund Shares, respectively, to
permit listing and trading of these securities pursuant to Rule 19b-
4(e) under the Act.\3\ Rule 19b-4(e) provides that the listing and
trading of a new derivative securities product by a self-regulatory
organization shall not be deemed a proposed rule change, pursuant to
paragraph (c)(1) of Rule 19b-4, if the Commission has approved,
pursuant to Section 19(b) of the Act, the self-regulatory
organization's trading rules, procedures and listing standards for the
product class that would include the new derivative securities product,
and the self-regulatory organization has a surveillance program for the
product class.\4\
---------------------------------------------------------------------------

    \3\ 17 CFR 240.19b-4(e).
    \4\ See Securities Exchange Act Release No. 40761 (December 8,
1998), 63 FR 70952 (December 22,1998).
---------------------------------------------------------------------------

    The Phlx rules for Trust Shares and Index Fund Shares currently
provide that the current index value for the index underlying a series
of Trust Shares (in the case of Phlx Rule 803(i)(11)) and Index Fund
Shares (in the case of Phlx Rule 803(l)(6)) will be disseminated every
15 seconds over the Consolidated Tape Association's Network B. The Phlx
believes that, rather than identifying specifically in their rules the
index dissemination service (that is, the Consolidated Tape
Association's Network B), it is preferable to reflect in the rules a
requirement for wide dissemination of the underlying index values. This
proposed rule change would make clear that the value of the underlying
index must be widely disseminated by a reputable index dissemination
service, such as the Consolidated Tape Association, Reuters, or
Bloomberg. The Phlx believes that the specific identity of the index
dissemination service is not necessary, and the purpose of the rule
would be achieved, as long as the service used for dissemination is
reputable, accepted in the investment community, and effects
appropriately wide dissemination of the particular index.
    The Exchange therefore proposes to change the generic listing
standards for Trust Shares and Index Fund Shares to provide that the
value of the underlying index must be widely disseminated by one or
more major market data vendors at least every 15 seconds during the
time when the Trust Shares or Index Fund Shares trade on the Exchange.
    As currently is the case, if the official index does not change
during some or all of the period when trading is occurring (as is
typically the case with pre-market-open and after-hours trading, and
also with foreign indexes because of time zone differences or holidays
in the countries where such indexes' components trade), then the last
official calculated index value must remain available throughout the
Phlx trading hours.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the provisions of Section 6(b) of the Act,\5\ in general, and furthers
the objectives of Section 6(b)(5) of the Act,\6\ in particular, in that
it is designed to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The Phlx believes that
clarifying the rules helps all market participants.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 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 would
impose any inappropriate burden on competition.

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

    No written comments were either solicited or received.

III. 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-Phlx-2005-57 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary,

Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-9303.
    All submissions should refer to File Number SR-Phlx-2005-57. 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 Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of the Phlx. 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 publicly available. All
submissions should refer to File Number SR-Phlx-2005-57 and should be
submitted on or before November 4, 2005.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder, applicable to a national securities
exchange.\7\ In particular, the Commission believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act.\8\ The
Commission notes that the proposed index dissemination requirement is
similar to the index dissemination requirement used in the listing
standards for narrow-based index options.\9\ The Phlx defines ``one or
more major market data vendor'' to include the Consolidated Tape
Association or private vendors, such as Reuters or Bloomberg.\10\ The
Commission believes, however, that it is critical that such service
widely disseminate such index value to market participants.
---------------------------------------------------------------------------

    \7\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ See e.g., Chicago Board Options Exchange Rule 24.2(b);
International Securities Exchange Rule 2002(b); Pacific Exchange
Rule 5.13; and Philadelphia Stock Exchange Rule 1009A(b) (listing
standards for narrow-based index options requiring that, among other
things, the current underlying index value be reported at least once
every 15 seconds during the time the index option trades on the
exchange).
    \10\ The Commission notes, however, that if a self-regulatory
organization designates a data vendor, on an exclusive basis, to
disseminate an index value on behalf of the self-regulatory
organization, such vendor would be an ``exclusive processor'' under
Section 3(a)(22)(B) of the Act and, absent an exemption, required to
register as a securities information processor under Section
11A(b)(1) of the Act.
---------------------------------------------------------------------------

    The Phlx has requested that the Commission find good cause for
approving the proposed rule change prior to the thirtieth day after
publication of notice thereof in the Federal Register. The Commission
notes that it has recently approved similar proposals regarding the
dissemination of the underlying index value for exchange traded funds
traded on Nasdaq, the American Stock Exchange LLC (``Amex''), and the
New York Stock Exchange, Inc. (``NYSE'').\11\ The Commission believes
that granting accelerated approval of the proposal will allow the Phlx
to immediately implement these listing standards for dissemination of
the underlying index value that are in place on Nasdaq, the Amex, and
the NYSE. Accordingly, the Commission finds good cause, pursuant to
Section 19(b)(2) of the Act,\12\ for approving the proposed rule change
prior to the thirtieth day after the date of publication of notice
thereof in the Federal Register.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release Nos. 51748 (May 26,
2005), 70 FR 32684 (June 3, 2005) (SR-NASD-2005-024); 51868 (June
17, 2005), 70 FR 36672 (June 24, 2005) (SR-Amex-2005-044); and 52081
(July 20, 2005), 70 FR 43488 (July 27, 2005) (SR-NYSE-2005-44).
    \12\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-Phlx-2005-57) be, and hereby
is, approved on an accelerated basis.
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    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5-5653 Filed 10-13-05; 8:45 am]

BILLING CODE 8010-01-P


EXPLANATORY HISTORY APPENDIX III

On May 21, 2009, the Agency issued the Phase 5 Reregistration
Eligibility Decision (RED) Document Product Data Call-In Notice pursuant
to section 4(g)(2)(B) of FIFRA, which required the registrants of
products containing Pyrethrins used as an active ingredient to develop
and submit certain data.  The data/information were determined to be
necessary to satisfy the reregistration requirements of section 4(g).
Failure to comply with the requirements of a Phase 5 Reregistration
Eligibility Document Product Data Call-In Notice (PDCI) is a basis for
suspension under section 3(c) (2) (B) of FIFRA.

Paul A. Keane & Associates (hereinafter referred to as “Paul Keane”)
the authorized agent for the Pyrethrum Board of Kenya, received the
Pyrethrins RED and Product Data Call-In, as evidenced by the submission
of the 90-Day Response, Requirements Status and Registrant’s Response
Form, dated October 13, 2009.  In the cover letter for the 90-Day
Response, Paul Keane specifically referenced the May 21, 2009 PDCI.  On
the form, the Pyrethrum Board of Kenya indicated an intention to submit
data to support their pyrethrins product, EPA Registration Number
4713-5.  On March 19, 2010, Paul Keane submitted acute toxicity and
product chemistry data to support reregistration.   Those data were
reviewed and the acute toxicity data were found to be acceptable, but
the product chemistry data were found to be deficient, as described in
the Agency review by Nina Simeonova on March 9, 2011.  In an Agency
letter from Moana Appleyard on March 11, 2011 to Mary Beth Endres of
RegWest, the product chemistry review of March 9, 2011, was included.
The Agency letter also stated that the required data were due within 10
days from receipt of the letter.

On May 11, 2012, the Pyrethrum Board of Kenya changed their authorized
agent to RegWest Company, LLC (hereinafter referred to as
“RegWest”).    RegWest submitted data to the Agency on June 13,
2012.  The data were reviewed by Maria Piansay on June 19, 2012.
According to the review, the Confidential Statement of Formula was
deficient as well as data on 830.6313, Storage Stability; data on
830.6317, Corrosion Characteristics; and data on 830.6320, Stability to
metals and metal ions.   These deficiencies were reported to Kim Davis
of RegWest in an Agency letter from Moana Appleyard, dated June 25,
2012, and the registrant was required to submit the data within 10 days
of receipt of the Agency’s letter.

Repeated agency communications via email from Moana Appleyard on
September 9, 2013 and February 3, 2014, requested the overdue data from
RegWest.  On February 5, 2014, RegWest responded to the emails with a
declaration from the company that they will pay their maintenance fees
for 2014.  Moana Appleyard replied by email on February 5, 2014 that the
product would be suspended if the outstanding data was not submitted to
the Agency.  On July 4, 2014, RegWest sent an email to Moana Appleyard
stating an intention to conduct the required studies over the next year.
  Moana Appleyard responded with an email stating the Agency’s
intention to suspend the product until the data are submitted and
determined to be acceptable.

The required data to support product reregistration for the affected
pyrethrins product remain overdue at this time.  Therefore, this Notice
of Intent to Suspend is being issued for EPA Registration Number 4713-5.


[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62241-62242]
[FR Doc No: 2014-24537]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Twenty Seventh Meeting: RTCA Special Committee 213, Enhanced
Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS)

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Meeting notice of RTCA Special Committee 213, Enhanced Flight
Vision Systems/Synthetic Vision Systems (EFVS/SVS).

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SUMMARY: The FAA is issuing this notice to advise the public of the
twenty seventh meeting of the RTCA Special Committee 213, Enhanced
Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS).

DATES: The meeting will be held November 5, 2014 from 2:30-5:00 p.m.

ADDRESSES: https://rtca.webex.com/rtca/j.php?MTID=m8c15ab559c5c8380811759806531cae4.

Meeting number: 684 099 495
Meeting password: November 5
Join by phone
    Dial: 1-888-481-3032 International:<PHONE_NUMBER> Participant
Passcode: 56022675

FOR FURTHER INFORMATION CONTACT: Tim Etherington,
<EMAIL_ADDRESS>(319) 295-5233 or mobile at (319) 431-
7154, Patrick Krohn<EMAIL_ADDRESS>telephone<PHONE_NUMBER> or
mobile at<PHONE_NUMBER> and The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 330-
0652/(202) 833-9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org. Additional contact information: RTCA contact is Jennifer
Iverson<EMAIL_ADDRESS>(202) 330- 0662.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 213. The agenda will
include the following:

November 5th

Plenary Discussion

 Introductions and administrative items
 DO-315C FRAC Comment Review and Disposition
 Approval of DO-315C to go to Program Management Committee
 Administrative items (new meeting location/dates, action items
etc.)
 Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on October 8th, 2014.
Mohannad Dawoud,
Management Analyst, NextGen, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2014-24537 Filed 10-15-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Notices]
[Page 59183]
[FR Doc No: 2012-23618]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-521-000]

Jo-Carroll Energy, Inc.; Notice of Application

    Take notice that on September 12, 2012, Jo-Carroll Energy, Inc.
(NFP) (JCE) 793 U.S. Route 20 West, Elizabeth, Illinois 61028, filed in
Docket No. CP12-521-000, an application pursuant to section 7(f) of the
Natural Gas Act (NGA), as amended, requesting to amend its present
service area determination \1\ within which JCE may, without further
Commission authorization, enlarge or expand its natural gas
distribution facilities. JCE also requests for a continuation of the:
(i) Waiver of the Commission's accounting and reporting requirements
and other regulatory requirements ordinarily applicable to natural gas
companies under the NGA and the NGPA; (ii) pregranted abandonment of
this service; and (iii) such further relief the Commission may deem
appropriate, all as more fully set forth in the application, which is
on file with the Commission and open to the public for inspection. The
filing may also be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
---------------------------------------------------------------------------

    \1\ Jo-Carroll Energy, Inc. (NFP), 117 FERC ] 62,265 (2006).
---------------------------------------------------------------------------

    JCE proposes to retroactively acquire 1.3 miles of 8-inch diameter
pipeline from Northern Natural Gas Company (Northern) and a related
pressure regulating station that would extend the 3,800 feet of 8-inch
diameter pipeline that is presently included in the Jackson County,
Iowa, portion of JCE's prior service area determination. JCE states
that it acquired the facilities from Northern on January 30, 2012,
because the Iowa Utility Board (IUB) requested that JCE install new
odorization equipment on its existing facilities to comply with IUB
pipeline safety regulations. JCE also states that prior to January 30,
2012, the ownership demarcation point between Northern and JCE was in
the middle of the Mississippi River, making JCE's facilities
inaccessible for installing the required odorization equipment. JCE
further states that its acquisition of the new facilities would not
increase JCE's ability to serve customers either inside or outside of
its present service area determination. Finally, JCE asserts that the
sole reason it seeks to amend its service area determination is that
the newly acquired facilities appear to fall outside of the very
limited service area determination in Iowa that the Commission
previously authorized in 2006.
    Any questions regarding this application should be directed to
Michael Hastings, Jo-Carroll Energy, Inc. (NFP), 793 U.S. Route 20
West, Elizabeth, Illinois 61028, or via telephone at<PHONE_NUMBER> or
email<EMAIL_ADDRESS>or Joshua L. Menter, Miller, Balis &
O'Neil, P.C., 1015 15th Street NW., Washington, DC 20005, or via
telephone at<PHONE_NUMBER> or email<EMAIL_ADDRESS>    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 stated below, 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.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    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.
    Comment Date: 5:00 p.m. Eastern Time on October 10, 2012.

    Dated: September 19, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-23618 Filed 9-25-12; 8:45 am]
BILLING CODE 6717-01-P