[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72426-72428]
[FR Doc No: 2022-25526]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1399; Airspace Docket No. 22-AGL-22]
RIN 2120-AA66

Proposed Amendment of VOR Federal Airways V-126, V-156, V-233,
and V-422, and Revocation of V-340 and V-371 in the Vicinity of Knox,
IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend VHF Omnidirectional Range (VOR)
Federal airways V-126, V-156, V-233, and V-422, and revoke VOR Federal
airways V-340 and V-371. The FAA is proposing this action due to the
planned decommissioning of the VOR portion of the Knox, IN (OXI), VOR/
Distance Measuring Equipment (VOR/DME) navigational aid (NAVAID). The
Knox VOR is being decommissioned in support of the FAA's VOR Minimum
Operational Network (MON) program.

DATES: Comments must be received on or before January 9, 2023.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-1399; Airspace Docket No. 22-AGL-22 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov.

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

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the ATS route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking 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-2022-1399; Airspace Docket No. 22-AGL-22) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at www.regulations.gov.
    Commenters 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 FAA Docket No. FAA-2022-1399; Airspace Docket No. 22-AGL-22.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. 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 through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/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 ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    The FAA is planning to decommission the Knox, IN, VOR in June 2023.
The Knox VOR was one of the candidate VORs identified for
discontinuance by the FAA's VOR MON program and listed in the Final
policy statement notice, ``Provision of Navigation Services for the
Next Generation Air Transportation System (NextGen) Transition to
Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum
Operational Network),'' published in the Federal Register of July 26,
2016 (81 FR 48694), Docket No. FAA-2011-1082.
    Although the VOR portion of the Knox, IN, VOR/DME is planned for
decommissioning, the co-located DME portion of the NAVAID is being
retained to support NextGen PBN flight procedure requirements.
    The VOR Federal airways effected by the Knox VOR decommissioning
are VOR Federal airways V-126, V-156, V-233, V-340, V-371, and V-422.
With the planned decommissioning of the Knox VOR, the remaining ground-
based NAVAID coverage in the area is insufficient to enable the
continuity of the affected airways. As such, proposed modifications to
the affected VOR Federal airways would result in creating gaps in three
of the airways (V-156, V-233, and V-422), redefining an airway end
point in one of the airways (V-126), and revoking two of the airways
(V-340 and V-371).
    To overcome the proposed modifications to the affected airways,
instrument flight rules (IFR) traffic could use portions of VOR Federal
airways V-7, V-8, V-38, V-51, V-92, V-97, and V-285 for conventional
navigation or RNAV routes T-215 and T-265 for GPS navigation by
properly equipped aircraft. Additionally, pilots equipped with RNAV
capabilities could also navigate point to point using the existing
NAVAIDs and fixes that would remain in place to support continued
operations though the affected area. IFR aircraft may also receive air
traffic control (ATC) radar vectors to fly around or through the
affected area, upon request. Visual flight rules (VFR) pilots who elect
to navigate via the affected VOR Federal airways could also take
advantage of the adjacent ATS routes or ATC services listed previously.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend VOR
Federal airways V-126, V-156, V-233, and V-422, and revoke VOR Federal
airways V-340 and V-371 due to the planned decommissioning of the VOR
portion of the Knox, IN, VOR/DME. The proposed VOR Federal airway
actions are described below.
    V-126: V-126 currently extends between the intersection of the
Peotone, IL, VOR/Tactical Air Navigation (VORTAC) 053[deg] and Knox,
IN, VOR/DME 297[deg] radials (BEARZ Fix) and the intersection of the
Goshen, IN, VORTAC 092[deg] and Fort Wayne, IN, VORTAC 016[deg]

radials (ILTON Fix). The FAA proposes to remove the airway segment
between the BEARZ Fix and the Goshen, IN, VORTAC. As amended, the
airway would extend between Goshen VORTAC and the intersection of the
Goshen VORTAC 092[deg] and the Fort Wayne VORTAC 016[deg] radials
(ILTON Fix).
    V-156: V-156 currently extends between the Cedar Rapids, IA, VOR/
DME and the Kalamazoo, MI, VOR/DME. The FAA proposes to remove the
airway segment between the Peotone, IL, VORTAC and the Gipper, MI,
VORTAC. Additional changes to other portions of the airway have been
proposed in a separate NPRM. As amended, the airway would extend
between the Cedar Rapids VOR/DME and the Peotone VORTAC, and between
the Gipper VORTAC and the Kalamazoo VOR/DME.
    V-233: V-233 currently extends between the Spinner, IL, VORTAC and
the Litchfield, MI, VOR/DME; and between the Mount Pleasant, MI, VOR/
DME and the Pellston, MI, VORTAC. The FAA proposes to remove the airway
segment between the Roberts, IL, VOR/DME and the Goshen, IN, VORTAC.
Additional changes to other portions of the airway have been proposed
in a separate NPRM. As amended, the airway would extend between the
Spinner VORTAC and the Roberts VOR/DME, between the Goshen VORTAC and
the Litchfield VOR/DME, and between the Mount Pleasant VOR/DME and the
Pellston VORTAC.
    V-340: V-340 currently extends between the intersection of the
Peotone, IL, VORTAC 053[deg] and Knox, IN, VOR/DME 297[deg] radials
(BEARZ Fix) and the Fort Wayne, IN, VORTAC. The FAA proposes to remove
the airway in its entirety.
    V-371: V-371 currently extends between the Boiler, IN, VORTAC and
the Knox, IN, VOR/DME. The FAA proposes to remove the airway in its
entirety.
    V-422: V-422 currently extends between the intersection of the
DuPage, IL, VOR/DME 101[deg] and Chicago Heights, IL, VORTAC 358[deg]
radials (NILES Fix) and the Flag City, OH, VORTAC. The FAA proposes to
remove the airway segment between the NILES Fix and the Webster Lake,
IN, VOR. The proposed removal of the airway segment between the NILES
Fix and the Chicago Heights VORTAC would be mitigated by VOR Federal
airways V-7 and V-97 which overlap V-422; however, the proposed removal
of the airway segment between the Chicago Heights VORTAC and Webster
Lake VOR is due to the planned decommissioning of the Knox VOR. As
amended, the airway would extend between the Webster Lake VOR and the
Flag City VORTAC.
    The NAVAID radials listed in the VOR Federal airway descriptions
below are unchanged and stated in True degrees.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022,
which is incorporated by reference in 14 CFR 71.1. The ATS routes
listed in this document would be published subsequently in FAA Order JO
7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this 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
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List 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

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

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-126 [Amended]

    From Goshen, IN; to INT Goshen 092[deg] and Fort Wayne, IN,
016[deg] radials.
* * * * *

V-156 [Amended]

    From Cedar Rapids, IA; Moline, IL; Bradford, IL; to Peotone, IL.
From Gipper, MI; to Kalamazoo, MI.
* * * * *

V-233 [Amended]

    From Spinner, IL; INT Spinner 061[deg] and Roberts, IL, 233[deg]
radials; to Roberts. From Goshen, IN; to Litchfield, MI. From Mount
Pleasant, MI; INT Mount Pleasant 351[deg] and Gaylord, MI, 207[deg]
radials; Gaylord; to Pellston, MI.
* * * * *

V-340 [Removed]

* * * * *

V-371 [Removed]

* * * * *

V-422 [Amended]

    From Webster Lake, IN; INT Webster Lake 097[deg] and Flag City,
OH, 289[deg] radials; to Flag City.
* * * * *

    Issued in Washington, DC, on November 18, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-25526 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 24, 2009 (Volume 74, Number 162)]
[Notices]
[Page 42724-42725]
[DOCID:fr24au09-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60504; File No. SR-BX-2009-047]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Fee Schedule of the Boston Options Exchange Facility

August 14, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on August 12, 2009, NASDAQ OMX BX, Inc. (the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange filed the proposed rule change pursuant to Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Fee Schedule of the Boston
Options Exchange Group, LLC (``BOX''). The text of the proposed rule
change is available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

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

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

1. Purpose
    Orders on BOX which are not executable against the BOX Book are
routed via the InterMarket Linkage System (``Linkage Orders'') to away
exchanges for execution. The Exchange proposes to exempt outbound
Principal Acting as Agent (``P/A'') Linkage Orders from both the
Liquidity Make or Take Pricing Structure and the Non-Penny Pilot Class
Pricing Structure as these transactions are deemed to neither ``add''
nor ``take'' liquidity from the BOX Book. Instead these orders will
follow the Intermarket Linkage pricing as described in Section 4(a)2 of
the Fee Schedule (i.e., free), regardless of whether the class is
contained in the Liquidity Make or Take Pricing Structure or the Non-
Penny Pilot Class Pricing Structure or not. The proposed change will
have no effect on the billing of orders of non-Participants, including
any orders received through Intermarket Linkage.
    For example, if a Public Customer order is entered into the BOX
Trading Host and is routed to an away market as an outbound P/A Order,
the routing of the Public Customer's order will be free, regardless of
class. Prior to this proposal such a transaction may have been subject
to the fees and credits set forth in either the Liquidity Make or Take
Pricing Structure, resulting in the applicable ``take'' fee (currently
$0.45), or the Non-Penny Pilot Class Pricing Structure, resulting in
the applicable ``removal'' credit (currently $0.30), of Sections 7 and
8 of the Fee Schedule, respectively.
    The Exchange requests that the effective date of the proposed rule
change be August 12, 2009.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act, in general, and Section
6(b)(4) of the Act, in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities. In
particular, the proposed change will allow the Exchange to charge the
appropriate fees and provide the appropriate credits with respect to
orders routed by BOX to away exchanges.

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act and Rule 19b-4(f)(2) thereunder,
because it establishes or changes a due, fee, or other charge
applicable only to a member.
    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-047 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-047. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/

rules/sro/shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BX-2009-047 and should be
submitted on or before September 14, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-20192 Filed 8-21-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19271-19275]
[FR Doc No: E9-9612]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID FMCSA-2009-0115]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of applications for exemptions from the diabetes
standard; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 27 individuals
for exemptions from the prohibition against persons with insulin-
treated diabetes mellitus (ITDM) operating commercial motor vehicles
(CMVs) in interstate commerce. If granted, the exemptions would enable
these individuals with ITDM to operate commercial motor vehicles in
interstate commerce.

DATES: Comments must be received on or before May 28, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2009-0115 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.

     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgment page that appears after submitting comments
on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 27
individuals listed in this notice have recently requested an exemption
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting the exemption will achieve the required level of safety
mandated by the statutes.

Qualifications of Applicants

Carroll F. Aardema

    Mr. Aardema, age 66, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Aardema meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A Commercial Driver's License
(CDL) from Michigan.

Edward F. Back, III

    Mr. Back, 47, has had ITDM since 2007. His endocrinologist examined
him in 2009 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Back meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2009 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Virginia.

Aaron Bailey

    Mr. Bailey, 44, has had ITDM since 2005. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bailey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Massachusetts.

Mirsad Beganovic

    Mr. Beganovic, 47, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Beganovic meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Michigan.

Carol J. Brummel

    Ms. Brummel, 46, has had ITDM since 1997. Her endocrinologist
examined her in 2008 and certified that she has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Brummel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2008 and certified that she does not
have diabetic retinopathy. She holds a Class C operator's license from
Iowa.

Paul R. Caudill

    Mr. Caudill, 53, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Caudill meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Mississippi.

Bernia G. Denegar

    Mr. Denegar, 59, has had ITDM since 2007. His endocrinologist
examined him

in 2009 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Denegar meets the requirements
of the vision standard at 49 CFR 391.41(b)(10). His optometrist
examined him in 2008 and certified that he does not have diabetic
retinopathy. He holds a Class B CDL from New Jersey.

Felipe Guerra, Jr.

    Mr. Guerra, 62, has had ITDM since 2009. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Guerra meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he has does not
have diabetic retinopathy. He holds a Class A CDL from Ohio.

Michael K. Gunn

    Mr. Gunn, 55, has had ITDM since 2004. His endocrinologist examined
him in 2008 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Gunn meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from Wisconsin.

Steven D. Hancock

    Mr. Hancock, 43, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hancock meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Indiana.

George E. Hardman

    Mr. Hardman, 65, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hardman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Georgia.

David L. Hottell

    Mr. Hottell, 51, has had ITDM since 1987. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hottell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
California.

Marlin K. Johnson

    Mr. Johnson, 68, has had ITDM since 2008. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Joshua L. Kroetch

    Mr. Kroetch, 28, has had ITDM since 1984. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kroetch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Minnesota.

Thomas E. Kusinsky

    Mr. Kusinsky, 55, has had ITDM since 2007. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kusinsky meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from California.

David S. Maynard

    Mr. Maynard, 56, has had ITDM since 2006. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Maynard meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from California.

Gareth L. Miller

    Mr. Miller, 44, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that he has had no

hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 5 years; understands
diabetes management and monitoring; and has stable control of his
diabetes using insulin, and is able to drive a CMV safely. Mr. Miller
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Ohio.

Joseph C. Minnier

    Mr. Minnier, 31, has had ITDM since 2004. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Minnier meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Washington.

Brian K. Moore

    Mr. Moore, 47, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Moore meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Tennessee.

Zachary T. Patton

    Mr. Patton, 28, has had ITDM since 1992. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Patton meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Arizona.

Edward R. Peters

    Mr. Peters, 55, has had ITDM since 1973. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Peters meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C operator's
license from Pennsylvania.

Terry L. Robinett

    Mr. Robinett, 62, has had ITDM since 1983. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Robinett meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2008 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Arkansas.

Mark E. Strunk

    Mr. Strunk, 46, has had ITDM since 1983. His endocrinologist
examined him in 2008 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Strunk meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C operator's
license from Pennsylvania.

Scot J. Suhr

    Mr. Suhr, 40, has had ITDM since 2008. His endocrinologist examined
him in 2009 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; and has stable control of his diabetes using insulin,
and is able to drive a CMV safely. Mr. Suhr meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). His optometrist examined
him in 2009 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Indiana.

Michael R. Sullivan

    Mr. Sullivan, 51, has had ITDM since 2008. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sullivan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he has does not
have diabetic retinopathy. He holds a Class 10 operator's license from
Rhode Island, which qualifies him to drive any motor vehicle, except a
commercial motor vehicle, an articulated vehicle, or combination of
motor vehicle and trailer where the gross weight of the trailer is more
than 10,000 pounds.

Kenneth R. Walker

    Mr. Walker, 40, has had ITDM since 1996. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Walker meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009

and certified that he does not have diabetic retinopathy. He holds a
Class A CDL from Tennessee.

Blake A. Woolman

    Mr. Woolman, 24, has had ITDM since 1989. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; and has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Woolman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the Notice.
    FMCSA notes that Section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-
LU) requires the Secretary to revise its diabetes exemption program
established on September 3, 2003 (68 FR 52441).\1\ The revision must
provide for individual assessment of drivers with diabetes mellitus,
and be consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 Notice as a ``final
rule.'' However, the 2003 Notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) The elimination of the requirement for
three years of experience operating CMVs while being treated with
insulin; and (2) the establishment of a specified minimum period of
insulin use to demonstrate stable control of diabetes before being
allowed to operate a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary. FMCSA concluded that all of the
operating, monitoring and medical requirements set out in the September
3, 2003 Notice, except as modified, were in compliance with section
4129(d). Therefore, all of the requirements set out in the September 3,
2003 Notice, except as modified by the Notice in the Federal Register
on November 8, 2005 (70 FR 67777), remain in effect.

    Issued on: April 21, 2009.
Charles A. Horan III,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. E9-9612 Filed 4-27-09; 8:45 am]
BILLING CODE P


[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73938-73940]
[FR Doc No: 2022-26298]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0931]
RIN 1625-AA00

Safety Zone; Gulf Intracoastal Waterway, Lake Charles, LA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Gulf Intracoastal Waterway between the
Calcasieu Lock at Mile Marker 238.2 and Mile Marker 240 at the Lake
Charles Industrial Canal. The safety zone is needed to protect
personnel, vessels, and the marine environment from hazards created by
a large spill of heavy crude oil. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Port Arthur.

DATES: This rule is effective without actual notice from December 2,
2022, through December 4, 2022. For the purposes of enforcement, actual
notice will be used from November 28, 2022, until December 2, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0931 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, TX,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
COTP Captain of the Port, Marine Safety Unit Port Arthur
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 an approximately 95 barrel spill of
heavy oil occurred on the Gulf Intracoastal Waterway west of the
Calcasieu Lock in Lake Charles, LA, and immediate action is needed to
respond to the spill and protect persons, vessels, and the environment
from hazards associated with the spill and response effors. It is
impracticable to publish an NPRM

because we must establish this safety zone by immediately.
    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 because immediate action is needed to
respond to the spill and protect persons, vessels, and the environment
from hazards associated with the spill and response effors.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Port Arthur
(COTP) has determined that potential hazards associated with a 95
barrel spill of heavy oil into the Gulf Intracoastal Waterway is a
safety concern for the environment and persons or vessels transiting
through the area. This rule is needed to protect personnel, vessels,
and the marine environment from the hazards of the spill and associated
response efforts.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6 p.m. on November 28,
2022, through 6 p.m. on December 4, 2022. The safety zone will cover
all navigable waters, shoreline to shoreline, of the Gulf Intracoastal
Waterway between the Calcasieu Lock at Mile Marker 238.2 west to Mile
Marker 240 near the Lake Charles Industrial Canal. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while spill response operations
are ongoing. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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).
    This regulatory action determination is based on the limited size
and duration of the rule.

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
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
call or email 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.

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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 6-days that will prohibit entry into the Gulf
Intracoastal Waterway, shoreline to shoreline, between the Calcasieu
Lock at Mile Marker 238.2 west to Mile Marker 240. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0931 to read as follows:

Sec.  165.T08-0931   Safety Zone; Gulf Intracoastal Waterway, Lake
Charles, LA.

    (a) Location. The following area is a safety zone: All waters of
the Gulf Intracoastal Waterway, shoreline to shoreline, from the
Calcasieu Lock at Mile Marker 238.2 west to Mile Marker 240 at the Lake
Charles Industrial Canal.
    (b) 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 Captain of the
Port Port Arthur (COTP) or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by calling the Command Duty Officer at<PHONE_NUMBER>.
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.

    Dated: November 28, 2022.
James B. Suffern,
Captain, U.S. Coast Guard, Acting Captain of the Port, Marine Safety
Unit Port Arthur.
[FR Doc. 2022-26298 Filed 12-1-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55771-55773]
[FR Doc No: 2018-24304]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84516; File No. SR-ISE-2018-91]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Delete ISE
Section 22 of the Rulebook Entitled ``Rate-Modified Foreign Currency
Options Rules''

November 1, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 25, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

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

    The Exchange proposes to delete ISE Section 22 of the Rulebook
entitled ``Rate-Modified Foreign Currency Options Rules.''
    The text of the proposed rule change is available on the Exchange's
website at http://ise.cchwallstreet.com/, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change 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 aspects of such
statements.

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

1. Purpose
    Today, the Exchange has a set of rules within ISE Section 22,
titled ``Rate-Modified Foreign Currency Options Rules'' which governs
the listing and trading of foreign currency options on ISE. The
Exchange proposes to delete ISE Section 22.
Background
    In 2007, ISE received approval for the listing and trading of cash-
settled rate-modified foreign currency options (``FCOs'').\3\ The
Exchange adopted rules for the listing and trading of FCOs on the
following currencies: The euro, the British pound, the Australian
dollar, the New Zealand dollar, the Japanese yen, the Canadian dollar,
the Swiss franc, the Chinese renminbi, the Mexican peso, the Swedish
krona, the Russian ruble, the South African rand, the Brazilian real,
the Israeli shekel, the Norwegian krone, the Polish zloty, the
Hungarian forint, the Czech koruna and the Korean won (collectively,
the ``Currencies''). The Exchange currently has rules which permit it
to list and trade FCOs that include, among other things, the U.S.
Dollar on one side of the underlying currency pair, as well as certain
cross-rate FCOs that include two of the aforementioned Currencies in
the underlying currency pair.
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    \3\ Securities Exchange Act Release No. 55575 (April 3, 2007),
72 FR 17963 (April 10, 2007) (SR-ISE-2006-59).
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Proposal
    The Exchange notes that it has not listed or traded any FCOs since
January 2018.\4\ The Exchange does not desire to list or trade FCOs on
ISE at this time. The Exchange proposes to eliminate the rules within
ISE Section 22 and reserve this section. The Exchange would file rules
with the Commission to list and trade FCOs if it determines to list and
trade foreign currency options at a later date.
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    \4\ Specifically, the last expiration was for the Canadian
dollar option with a symbol of ``CDD'' on January 19, 2018.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with 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 promote
just and equitable principles of trade, 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,
by eliminating rules within its Rulebook which it no longer intends to
utilize for listing and trading FCOs.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange notes that it has not listed or traded any FCOs since
January 2018. The Exchange does not desire to list or trade FCOs on ISE
at this time. The Exchange proposes to eliminate the rules within ISE
Section 22 and reserve this section. The Exchange would file rules with
the Commission to list and trade FCOs if it determines to list and
trade foreign currency options at a later date.

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. The Exchange does not believe
that eliminating the ISE Section 22 rules will create an undue burden
on intra-market competition because no market participant on ISE would
be able to trade FCOs. Further the Exchange notes that the deletion of
the ISE Section 22 rules will not create an undue burden on inter-
market competition because other markets today such as Nasdaq Phlx LLC
lists FCOs.\7\
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    \7\ See Phlx Rule 1009.
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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. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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 protected]. Please include
File Number SR-ISE-2018-91 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2018-91. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2018-91 and should be submitted on
or before November 28, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24304 Filed 11-6-18; 8:45 am]
 BILLING CODE 8011-01-P