[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Rules and Regulations]
[Pages 22704-22706]
[FR Doc No: 2019-10467]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0358]
RIN 1625-AA00

Safety Zone; Kanawha River, Charleston, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Kanawha River from mile marker 58.1 to mile
marker 59.1. This temporary safety zone is necessary to protect
persons, vessels, and the marine environment from potential hazards
associated with the Live on the Levee fireworks display. Entry into
this safety zone is prohibited unless specifically authorized by the
Captain of the Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective from 9:15 p.m. through 10:15 p.m. on May
24, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0358 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Wesley Cornelius, Marine Safety Unit
Huntington, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency 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 it is impracticable. It is
impracticable to publish an NPRM because we must establish this safety
zone by May 24, 2019, and we lack sufficient time to provide reasonable
comment period and then consider those comments before issuing the
rule. The NPRM process would delay the establishment of the safety zone
until after the date of the event and compromise public safety.
    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. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is necessary to protect persons, vessels and
the marine environment from the potential hazards associated with the
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with a fireworks display taking place
over this section of the Kanawha River will be a safety concern for
anyone within a one-mile stretch of the waterway. This rule is needed
to protect persons, vessels, and the marine environment in the
navigable waters within the safety zone before, during, and after the
scheduled fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone for the Live on the
Levee fireworks display from 9:15 p.m. until 10:15 p.m. on May 24,
2019. The safety

zone covers all navigable waters of the Kanawha River from mile marker
(MM) 58.1 to MM 59.1, in Charleston, WV. The duration of this safety
zone is intended to protect persons, vessels, and the marine
environment in these navigable waters during the fireworks display.
    No vessel or person is permitted to enter this safety zone without
obtaining permission from the COTP or a designated representative. A
designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Sector Ohio Valley.
To seek permission to enter, contact the COTP or designated
representative via radio on channel 16 or by telephone at 1-800-253-
7465. If permission is granted, all persons and vessels shall transit
at their slowest safe speed and comply with the instructions of the
COTP or designated representative. The COTP or a designated
representative will inform the public of any changes in the date and
times of enforcement through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Safety Marine Information
Broadcasts (SMIBs), as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This rule involves
a temporary safety zone lasting only one hour and thirty minutes that
will prohibit entry on a one-mile stretch of the Kanawha River on one
evening. Moreover, the Coast Guard will issue a BNMs via VHF-FM marine
channel 16 about the safety zone, and the rule allows vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that 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
a safety zone lasting only one hour that will prohibit entry on a one-
mile stretch of the Kanawha River on one evening. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration

supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0358 to read as follows:

Sec.  165.T08-0358   Safety Zone; Kanawha River, Charleston, WV.

    (a) Location. The following area is a safety zone: All navigable
waters of the Kanawha River from mile marker (MM) 58.1 to MM 59.1.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Ohio Valley (COTP) in the enforcement of the
safety zone.
    (c) Enforcement period. This section will be enforced from 9:15
p.m. through 10:15 p.m. on May 24, 2019.
    (d) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. No vessel or person is permitted to
enter this safety zone without obtaining permission from the COTP or a
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by via radio on channel 16 or by telephone at 1-800-253-
7465. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (e) Informational broadcast. The COTP or a designated
representative will inform the public of any changes in the date and
times of enforcement through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Safety Marine Information
Broadcasts (SMIBs), as appropriate.

    Dated: May 15, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-10467 Filed 5-17-19; 8:45 am]
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[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]
[Page 65800]
[DOCID:fr09no06-85]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. RP07-46-000]

Trunkline Gas Company, LLC; Notice of Filing

November 3, 2006.
    Take notice that on October 31, 2006, Trunkline Gas Company, LLC
(Trunkline) tendered for filing its Annual Interruptible Storage
Revenue Credit Surcharge Adjustment in accordance with section 24 of
the general terms and conditions of its FERC Gas Tariff, Third Revised
Volume No. 1.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-18999 Filed 11-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Notices]
[Page 28867]
[FR Doc No: 2019-13072]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86111; File No. SR-NYSEAMER-2018-39]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Withdrawal of Proposed Rule Change, as Modified by Amendment No. 2, To
Allow Flexible Exchange Equity Options To Be Cash Settled Where the
Underlying Security Is a Specified Exchange-Traded Fund

June 14, 2019.
    On September 20, 2018, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to modify the rules related to Flexible Exchange
(``FLEX'') Options to allow cash settlement for certain FLEX Equity
Options. The proposal, as modified by Amendment No. 2, would allow FLEX
Equity Options to be cash settled where the underlying security is one
of 25 specified Exchange-Traded Funds (``ETF'').
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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    The proposed rule change was published for comment in the Federal
Register on October 11, 2018.\3\ On November 19, 2018, pursuant to
Section 19(b)(2) of the Act,\4\ the Commission designated a longer
period within which to either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule change.\5\ The
Commission received one comment in response to the Original Notice.\6\
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    \3\ See Securities Exchange Act Release No. 84364 (October 4,
2018), 83 FR 51535 (October 11, 2018) (``Original Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 84616 (November 19,
2018), 83 FR 60519 (November 26, 2018). The Commission designated
January 9, 2019, as the date by which it should approve, disapprove,
or institute proceedings to determine whether to disapprove the
proposed rule change.
    \6\ See Letter to Brent J. Fields, Secretary, Commission, from
Samara Cohen, Head of ETF Global Markets, BlackRock, dated November
27, 2018 (``BlackRock Letter'').
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    On December 19, 2018, the Commission instituted proceedings under
Section 19(b)(2)(B) of the Act \7\ to determine whether to approve or
disapprove the proposed rule change.\8\ On March 11, 2019, the Exchange
filed Amendment No. 1 to the proposed rule change. On March 25, 2019,
the Exchange withdrew Amendment No. 1 and filed Amendment No. 2 to the
proposed rule change, which superseded and replaced the proposed rule
change in its entirety.\9\ On April 5, 2019, the Commission designated
a longer period for Commission action on the proceedings to determine
whether to approve or disapprove the proposed rule change.\10\ The
Commission published Amendment No. 2 for comment in the Federal
Register on April 17, 2019.\11\ The Commission received no comments in
response to this solicitation for comments. On May 31, 2019, the
Exchange withdrew the proposed rule change (SR-NYSEAMER-2018-39).
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    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 84870 (December 19,
2018), 83 FR 66779 (December 27, 2018) (``Order Instituting
Proceedings''). The Commission designated April 9, 2019, as the date
by which the Commission shall approve or disapprove the proposed
rule change.
    \9\ See Notice, infra note 11, at n.10, which describes the
changes proposed in Amendment No. 2 from the original proposal.
    \10\ See Securities Exchange Act Release No. 85531 (April 5,
2019), 84 FR 14703 (April 11, 2019). The Commission extended the
date by which the Commission shall approve or disapprove the
proposed rule change to June 8, 2019.
    \11\ See Securities Exchange Act Release No. 85628 (April 11,
2019), 84 FR 16102 (April 17, 2019) (``Notice'').

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019-13072 Filed 6-19-19; 8:45 am]
 BILLING CODE 8011-01-P