[Federal Register: February 8, 2010 (Volume 75, Number 25)]
[Notices]
[Page 6241-6243]
[DOCID:fr08fe10-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61461; File No. SR-NASDAQ-2010-006]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Modify the Press Release
Requirements for Listed Companies

February 1, 2010.
    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 January 13, 2010, The NASDAQ Stock Market LLC (``Nasdaq'') 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 Nasdaq. 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.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to modify certain of the press release requirements
for listed companies. Nasdaq will implement the proposed rule upon
approval. The text of the proposed rule change is available from
Nasdaq's Web site at http://nasdaq.cchwallstreet.com, at Nasdaq's
principal office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq 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
    There are a number of Nasdaq rules related to the issuer compliance
process that require a company to disclose information in a press
release or through the news media.\3\ These rules generally were
adopted to address inconsistent issuer disclosure practices and
reflected the view, prevalent at that time, that issuing a press
release was the only way to assure wide dissemination of an important
event. However, in 2002, after the Commission adopted Regulation FD,\4\
Nasdaq amended its rules to allow listed companies to provide
disclosure of material news via any Regulation FD compliant means.\5\
Since that time Nasdaq has had the opportunity to observe market
reaction to news disclosed in ways other than via a press release.
Nasdaq's experience since adopting this rule indicates that there is
broad acceptance of Regulation FD compliant methods of disclosure, such
as through the use of a Form 8-K.
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    \3\ Nasdaq interprets the requirement to disclose information
through the news media to be satisfied by the issuance of a press
release.
    \4\ 17 CFR 243.100-103. Regulation FD permits a company to
disclose material information using a method (or combination of
methods) of disclosure that is reasonably designed to provide broad,
non-exclusionary distribution of the information to the public.
    \5\ Exchange Act Release No. 46901 (November 25, 2002), 67 FR
72011 (December 3, 2002).
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    In addition, the Commission has substantially modified its rules
regarding the disclosure of information on a Form 8-K.\6\ As a result
Nasdaq's requirements in some instances are duplicative of the Form 8-K
requirements and Nasdaq sees companies forced to make multiple
disclosures regarding the same event. Nasdaq believes that investors
have come to rely upon Form 8-K disclosure and notes that Form 8-K
disclosures are readily available to investors and the information
reported on them is widely reported on by the news media. As such, to
the extent information is reported on a Form 8-K, Nasdaq believes that
duplicate disclosure through a press release is unnecessary and an
extra burden on listed companies.
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    \6\ Exchange Act Release No. 49424 (March 16, 2004), 69 FR 15594
(March 25, 2004).
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    Given the foregoing, Nasdaq believes it is appropriate to modify
the following rules to permit disclosure either through a press release
or by filing a Form 8-K where required by Commission rules:

     Rules 5250(b)(3), 5810(b), 5840(k) and IM-5810-1, which
require disclosure of notifications from Nasdaq staff or an
Adjudicatory Body \7\ regarding a company's compliance with the listing
standards. Rules 5250(b)(3) and 5810(b) require a company to ``make a
public announcement through the news media'' disclosing the receipt of
a notice that the company does not meet a listing standard, that staff
has determined to delist the company, or that is a Public Reprimand
Letter.\8\ IM-5810-1 provides the time frame for companies to make
these disclosures and describes the consequences of failing to do so.
Rule 5840(k) requires that a company that receives a Public Reprimand
Letter from an Adjudicatory Body must make ``a public announcement
through the news media'' disclosing receipt of that letter. Nasdaq
proposes to modify these rules to allow the company, in each case, to
make a public announcement by ``filing a Form 8-K, where required by
SEC rules, or by issuing a press release.'' \9\ However, a company that
is late in filing a required periodic report with the Securities and
Exchange Commission would still be required to issue a press release
announcing that it has received notice that it does not meet that
requirement. Nasdaq also proposes to clarify in each of these rules
that notification of these disclosures should be made to the
MarketWatch Department through Nasdaq's electronic disclosure
submission system at least ten minutes prior to the notification to the
public.\10\
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    \7\ Rule 5805(a) defines an ``Adjudicatory Body'' as the
Hearings Panel, the Nasdaq Listing and Hearing Review Council, or
the Nasdaq Board, or a member thereof.
    \8\ Current Rule 5250(b)(3) is also renumbered by this filing as
Rule 5250(b)(2).
    \9\ Item 3.01 of Form 8-K requires a company to file a Form 8-K
when it receives notice from Nasdaq that the company does not
satisfy a listing standard or when Nasdaq issues a Public Reprimand
Letter to the company. As such, Nasdaq's requirements are, in some
cases, duplicative of the Form 8-K disclosure requirement and a
company could be required to issue a press release under Nasdaq's
rules and a Form 8-K under the Commission's rules containing the
same information. A company could satisfy the revised requirement by
filing the required Form 8-K, thereby eliminating this dual
disclosure and any confusion it creates, while ensuring that the
information remains publicly disclosed.
    \10\ The Commission notes that Nasdaq recently filed a proposed
rule change that provides that if the public release of material
information is made outside of Nasdaq market hours, companies must
notify MarketWatch of the material information prior to 6:50 a.m.
ET. See NASDAQ-2010-008.
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     Rule 5635(f), which requires a company to ``make a public
announcement through the news media'' when it receives an exception to
the shareholder approval requirements because compliance would
jeopardize the company's financial viability. Nasdaq proposes instead
to allow companies to make this announcement ``by filing a Form 8-K,
where required by SEC rules, or by issuing a press release.'' Nasdaq
notes that companies that receive an exemption are also required to
mail this notice to all shareholders at least ten days before issuing
securities in reliance on the exception.
     Rule 5225(a)(3), which requires a company to ``publicize
through, at a minimum, a public announcement through the news media''
any change in the terms of a listed unit. Nasdaq proposes to modify
this rule to allow the company to ``make a public announcement by
filing a Form 8-K, where required by SEC rules, or by issuing a press
release'' of any change in the terms of the unit.
    Similarly, Rule 5250(c)(2) requires a company that is a foreign
private issuer to disclose interim financial results ``in a press
release and on a Form 6-K.'' Nasdaq proposes to eliminate the
requirement that this information be published in a press release,
while maintaining the requirement that it be on a Form 6-K. A foreign
private issuer would still be free to disclose this information in a
press release if it chooses.
    Nasdaq proposes to eliminate the requirement contained in Rule
5250(b)(2) that a company issue a press release announcing the receipt
of an audit opinion that expresses doubt about the ability of the
company to continue as a going concern. This requirement, which was
adopted in 2003,\11\ is duplicative of disclosure already provided in
the Company's annual filing with the Commission, which must be made
available to all shareholders under Nasdaq rules, and which must be
distributed to shareholders under the Commission's Proxy Rules.\12\
Under these rules, a company must include the audit opinion in its
annual report, without regard to whether it expresses doubt about the
ability of the company to continue as a going concern.\13\ Given that
the audit opinion is already required to be publicly disclosed, Nasdaq
has found that the separate press release announcing the receipt of the
opinion is duplicative and therefore can be confusing to investors. Of
course if a company fails to include the audit opinion in its annual
filing, Nasdaq would consider the filing deficient and would move to
delist the company on that basis.\14\
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    \11\ Exchange Act Release No. 48745 (November 4, 2003), 68 FR
64154 (November 12, 2003).
    \12\ 17 CFR 240.14a-1. See Item 13 of Schedule 14A, 17 CFR
240.14a-101.
    \13\ Rule 2-01 of Regulation S-X, 17 CFR 210.2-01.
    \14\ Nasdaq is also proposing to make a conforming change to
Rule 5615(a)(3) to eliminate the reference to the going concern
requirement because it will no longer apply. In addition, Nasdaq is
proposing to remove the reference in Rule 5615(a)(3) to the
requirement for a foreign private issuer to enter into a listing
agreement because there is no need to single out this requirement
from all the others of the requirements of the Rule 5000 Series to
which a foreign private issuer is subject.
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    Nasdaq is not proposing any change to Rule 5840(j), regarding the
voluntary delisting of a company, because the press release requirement
in that rule is required by Exchange Act Rule 12d2-2(c).\15\ Nasdaq is
also maintaining the requirement in Rule 5635(c)(4) and IM-5365-1,
which require that a company relying on the inducement exception to the
requirement to obtain shareholder approval for equity compensation
awards must ``disclose in a press release'' specific information about
the equity award.
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    \15\ 17 CFR 240.12d2-2(c).
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    Finally, Rules 5810(b) and 5840(k) require companies to notify
multiple Nasdaq departments before they issue certain disclosures.\16\
These duplicative notice requirements are burdensome to listed
companies and provide no regulatory benefit to Nasdaq. As a result,
Nasdaq proposes to modify these rules to require companies to provide
these disclosures to the MarketWatch Department using the electronic
disclosure submission system accessible at http://www.nasdaq.net.\17\
MarketWatch will notify other Nasdaq departments when necessary.\18\
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    \16\ Under these rules, a company must notify the MarketWatch,
Listing Qualifications, and Hearings Departments.
    \17\ Companies are already required to use the electronic
disclosure submission service to notify MarketWatch prior to the
distribution of material news. See Rule 5250(b)(1) and IM-5250-1.
See also Exchange Act Release No. 55856 (June 4, 2007), 72 FR 32383
(June 12, 2007) (approving SR-NASDAQ-2007-029).
    \18\ Nasdaq is also proposing: (i) to add a title to Rule
5250(b)(1) to clarify the text; and (ii) to use capitalization for a
defined term in Rule 5615. These are non-substantive changes.
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\19\ in general and with
Sections 6(b)(5) of the Act,\20\ in particular in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with

respect to, and facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The proposed rule change is designed to facilitate
companies' compliance with Nasdaq rules by aligning Nasdaq's disclosure
requirements with those of the Commission. Nasdaq notes that the
proposed changes to permit disclosure by a Form 8-K will not eliminate
or reduce information now available to investors, but will minimize
duplicative disclosures.
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    \19\ 15 U.S.C. 78f.
    \20\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Within 35 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 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 e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NASDAQ-2010-006 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-NASDAQ-2010-006. 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,\21\ all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. 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-NASDAQ-2010-006 and should be
submitted on or before March 1, 2010.
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    \21\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2633 Filed 2-5-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26092-26096]
[FR Doc No: 2017-11693]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9961-85-OLEM]

Thirty-First Update of the Federal Agency Hazardous Waste
Compliance Docket

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Since 1988, the Environmental Protection Agency (EPA) has
maintained a Federal Agency Hazardous Waste Compliance Docket
(``Docket'') under Section 120(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). Section 120(c)
requires EPA to establish a Docket that contains certain information
reported to EPA by Federal facilities that manage hazardous waste or
from which a reportable quantity of hazardous substances has been
released. As explained further below, the Docket is used to identify
Federal facilities that should be evaluated to determine if they pose a
threat to public health or welfare and the environment and to provide a
mechanism to make this information available to the public.
    This notice identifies the Federal facilities not previously listed
on the Docket and also identifies Federal facilities reported to EPA
since the last update on October 24, 2016. In addition to the list of
additions to the Docket, this notice includes a section with revisions
of the previous Docket list and a section of Federal facilities that
are to be deleted from the Docket. Thus, the revisions in this update
include 33 additions, 1 correction, and 13 deletions to the Docket
since the previous update. At the time of publication of this notice,
the new total number of Federal facilities listed on the Docket is
2,338.

DATES: This list is current as of March 10, 2017.

FOR FURTHER INFORMATION CONTACT: Electronic versions of the Docket and
more information on its implementation can be obtained at http://www.epa.gov/fedfac/previous-federal-agency-hazardous-waste-compliance-docket-updates by clicking on the link for Cleanups at Federal
Facilities or by contacting Benjamin Simes (Simes.Benjamin@epa.gov),
Federal Agency Hazardous Waste Compliance Docket Coordinator, Federal
Facilities Restoration and Reuse Office (Mail Code 5106R), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460. Additional information on the Docket and a
complete list of Docket sites can be obtained at: https://www.epa.gov/fedfac/fedfacts.

SUPPLEMENTARY INFORMATION:

Table of Contents

1.0 Introduction
2.0 Regional Docket Coordinators
3.0 Revisions of the Previous Docket
4.0 Process for Compiling the Updated Docket
5.0 Facilities Not Included
6.0 Facility NPL Status Reporting, Including NFRAP Status
7.0 Information Contained on Docket Listing

1.0 Introduction

    Section 120(c) of CERCLA, 42 United States Code (U.S.C.) Sec.
9620(c), as amended by the Superfund Amendments and Reauthorization Act
of 1986 (SARA), requires EPA to establish the Federal Agency Hazardous
Waste Compliance Docket. The Docket contains information on Federal
facilities that manage hazardous waste and such information is
submitted by Federal agencies to EPA under Sections 3005, 3010, and
3016 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C.
6925, 6930, and 6937. Additionally, the Docket contains information on
Federal facilities with a reportable quantity of hazardous substances
that has been released and such information is submitted by Federal
agencies to EPA under Section 103 of CERCLA, 42 U.S.C. 9603.
Specifically, RCRA Section 3005 establishes a permitting system for
certain hazardous waste treatment, storage, and disposal (TSD)
facilities; RCRA Section 3010 requires waste generators, transporters
and TSD facilities to notify EPA of their hazardous waste activities;
and RCRA Section 3016 requires Federal agencies to submit biennially to
EPA an inventory of their Federal hazardous waste facilities. CERCLA
Section 103(a) requires the owner or operator of a vessel or onshore or
offshore facility to notify the National Response Center (NRC) of any
spill or other release of a hazardous substance that equals or exceeds
a reportable quantity (RQ), as defined by CERCLA Section 101.
Additionally, CERCLA Section 103(c) requires facilities that have
``stored, treated, or disposed of'' hazardous wastes and where there is
``known, suspected, or likely releases'' of hazardous substances to
report their activities to EPA.
    CERCLA Section 120(d) requires EPA to take steps to assure that a
Preliminary Assessment (PA) be completed for those sites identified in
the Docket and that the evaluation and listing of sites with

a PA be completed within a reasonable time frame. The PA is designed to
provide information for EPA to consider when evaluating the site for
potential response action or inclusion on the National Priorities List
(NPL).
    The Docket serves three major purposes: (1) To identify all Federal
facilities that must be evaluated to determine whether they pose a
threat to human health and the environment sufficient to warrant
inclusion on the National Priorities List (NPL); (2) to compile and
maintain the information submitted to EPA on such facilities under the
provisions listed in Section 120(c) of CERCLA; and (3) to provide a
mechanism to make the information available to the public.
    The initial list of Federal facilities to be included on the Docket
was published in the Federal Register on February 12, 1988 (53 FR
4280). Since then, updates to the Docket have been published on
November 16, 1988 (53 FR 46364); December 15, 1989 (54 FR 51472);
August 22, 1990 (55 FR 34492); September 27, 1991 (56 FR 49328);
December 12, 1991 (56 FR 64898); July 17, 1992 (57 FR 31758); February
5, 1993 (58 FR 7298); November 10, 1993 (58 FR 59790); April 11, 1995
(60 FR 18474); June 27, 1997 (62 FR 34779); November 23, 1998 (63 FR
64806); June 12, 2000 (65 FR 36994); December 29, 2000 (65 FR 83222);
October 2, 2001 (66 FR 50185); July 1, 2002 (67 FR 44200); January 2,
2003 (68 FR 107); July 11, 2003 (68 FR 41353); December 15, 2003 (68 FR
69685); July 19, 2004 (69 FR 42989); December 20, 2004 (69 FR 75951);
October 25, 2005 (70 FR 61616); August 17, 2007 (72 FR 46218); November
25, 2008 (73 FR 71644); October 13, 2010 (75 FR 62810); November 6,
2012 (77 FR 66609); March 18, 2013 (78 FR 16668); January 6, 2014 (79
FR 654), December 31, 2014 (79 FR 78850); August 17, 2015 (80 FR
49223), March 3, 2016 (81 FR 11212), and October 24, 2016 (81 FR
73096). This notice constitutes the thirty-first update of the Docket.
    This notice provides some background information on the Docket.
Additional information on the Docket requirements and implementation
are found in the Docket Reference Manual, Federal Agency Hazardous
Waste Compliance Docket found at http://www.epa.gov/fedfac/docket-reference-manual-federal-agency-hazardous-waste-compliance-docket-interim-final or obtained by calling the Regional Docket Coordinators
listed below. This notice also provides changes to the list of sites
included on the Docket in three areas: (1) Additions, (2) Deletions,
and (3) Corrections. Specifically, additions are newly identified
Federal facilities that have been reported to EPA since the last update
and now are included on the Docket; the deletions section lists Federal
facilities that EPA is deleting from the Docket.\1\ The information
submitted to EPA on each Federal facility is maintained in the Docket
repository located in the EPA Regional office of the Region in which
the Federal facility is located; for a description of the information
required under those provisions, see 53 FR 4280 (February 12, 1988).
Each repository contains the documents submitted to EPA under the
reporting provisions and correspondence relevant to the reporting
provisions for each Federal facility.
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    \1\ See Section 3.2 for the criteria for being deleted from the
Docket.
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    In prior updates, information was also provided regarding No
Further Remedial Action Planned (NFRAP) status changes. However,
information on NFRAP and NPL status is no longer being provided
separately in the Docket update as it is now available at: http://www.epa.gov/fedfac/fedfacts or by contacting the EPA HQ Docket
Coordinator at the address provided in the FOR FURTHER INFORMATION
CONTACT section of this notice.

2.0 Regional Docket Coordinators

    Contact the following Docket Coordinators for information on
Regional Docket repositories:
    Martha Bosworth (HBS), US EPA Region 1, 5 Post Office Square, Suite
100, Mail Code: OSRR07-2, Boston MA 02109-3912,<PHONE_NUMBER>.
    Helen Shannon (ERRD), US EPA Region 2, 290 Broadway, New York, NY
10007-1866, (212) 637- 4260.
    Joseph Vitello (3HS12), US EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19107,<PHONE_NUMBER>.
    Leigh Lattimore (4SF-SRSEB), US EPA Region 4, 61 Forsyth St. SW.,
Atlanta, GA 30303,<PHONE_NUMBER>.
    David Brauner (SR-6J), US EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604,<PHONE_NUMBER>.
    Philip Ofosu (6SF-RA), US EPA Region 6, 1445 Ross Avenue, Dallas,
TX 75202-2733,<PHONE_NUMBER>.
    Paul Roemerman (SUPRERSP), US EPA Region 7, 11201 Renner Blvd.,
Lenexa, KS 66219,<PHONE_NUMBER>.
    Ryan Dunham (EPR-F), US EPA Region 8, 1595 Wynkoop Street, Denver,
CO 80202,<PHONE_NUMBER>.
    Leslie Ramirez (SFD-6-1), US EPA Region 9, 75 Hawthorne Street, San
Francisco, CA 94105,<PHONE_NUMBER>.
    Monica Lindeman (ECL, ABU), US EPA Region 10, 1200 Sixth Avenue,
Suite 900, ECL-112, Seattle, WA 98101,<PHONE_NUMBER>.

3.0 Revisions of the Previous Docket

    This section includes a discussion of the additions and deletions
to the list of Docket facilities since the previous Docket update.

3.1 Additions

    In this notice, 33 Federal facilities are being added to the
Docket, primarily because of new information obtained by EPA (for
example, recent reporting of a facility pursuant to RCRA Sections 3005,
3010, or 3016 or CERCLA Section 103). CERCLA Section 120, as amended by
the Defense Authorization Act of 1997, specifies that EPA take steps to
assure that a Preliminary Assessment (PA) be completed within a
reasonable time frame for those Federal facilities that are included on
the Docket. Among other things, the PA is designed to provide
information for EPA to consider when evaluating the site for potential
response action or listing on the NPL.

3.2 Deletions

    In this notice, 13 Federal facilities are being deleted from the
Docket. There are no statutory or regulatory provisions that address
deletion of a facility from the Docket. However, if a facility is
incorrectly included on the Docket, it may be deleted from the Docket.
The criteria EPA uses in deleting sites from the Docket include: A
facility for which there was an incorrect report submitted for
hazardous waste activity under RCRA (e.g., 40 CFR 262.44); a facility
that was not Federally-owned or operated at the time of the listing; a
facility included more than once (i.e., redundant listings); or when
multiple facilities are combined under one listing. (See Docket Codes
(Categories for Deletion of Facilities) for a more refined list of the
criteria EPA uses for deleting sites from the Docket. Facilities being
deleted no longer will be subject to the requirements of CERCLA Section
120(d).

3.3 Corrections

    Changes necessary to correct the previous Docket are identified by
both EPA and Federal agencies. The corrections section may include
changes in addresses or spelling, and corrections of the recorded name
and ownership of a Federal facility. In addition, changes in the names
of Federal facilities may be made to establish consistency in the
Docket or between the Superfund Enterprise Management System (SEMS) and
the Docket. For the Federal facility for which a correction is entered,
the original entry is as it appeared in

previous Docket updates. The corrected update is shown directly below,
for easy comparison. This notice includes 1 correction.

4.0 Process for Compiling the Updated Docket

    In compiling the newly reported Federal facilities for the update
being published in this notice, EPA extracted the names, addresses, and
identification numbers of facilities from four EPA databases--the
WebEOC, the Biennial Inventory of Federal Agency Hazardous Waste
Activities, the Resource Conservation and Recovery Act Information
System (RCRAInfo), and SEMS--that contain information about Federal
facilities submitted under the four provisions listed in CERCLA Section
120(c).
    EPA assures the quality of the information on the Docket by
conducting extensive evaluation of the current Docket list and contacts
the other Federal Agency (OFA) with the information obtained from the
databases identified above to determine which Federal facilities were,
in fact, newly reported and qualified for inclusion on the update. EPA
is also striving to correct errors for Federal facilities that were
previously reported. For example, state-owned or privately-owned
facilities that are not operated by the Federal government may have
been included. Such problems are sometimes caused by procedures
historically used to report and track Federal facilities data.
Representatives of Federal agencies are asked to contact the EPA HQ
Docket Coordinator at the address provided in the FOR FURTHER
INFORMATION CONTACT section of this notice if revisions of this update
information are necessary.

5.0 Facilities Not Included

    Certain categories of facilities may not be included on the Docket,
such as: (1) Federal facilities formerly owned by a Federal agency that
at the time of consideration was not Federally-owned or operated; (2)
Federal facilities that are small quantity generators (SQGs) that have
never generated more than 1,000 kg of hazardous waste in any month; (3)
Federal facilities that are solely hazardous waste transportation
facilities, as reported under RCRA Section 3010; and (4) Federal
facilities that have mixed mine or mill site ownership.
    An EPA policy issued in June 2003 provided guidance for a site-by-
site evaluation as to whether ``mixed ownership'' mine or mill sites,
typically created as a result of activities conducted pursuant to the
General Mining Law of 1872 and never reported under Section 103(a),
should be included on the Docket. For purposes of that policy, mixed
ownership mine or mill sites are those located partially on private
land and partially on public land. This policy is found at http://www.epa.gov/fedfac/policy-listing-mixed-ownership-mine-or-mill-sites-created-result-general-mining-law-1872. The policy of not including
these facilities may change; facilities now omitted may be added at
some point if EPA determines that they should be included.

6.0 Facility NPL Status Reporting, Including NFRAP Status

    EPA tracks the NPL status of Federal facilities listed on the
Docket. An updated list of the NPL status of all Docket facilities, as
well as their NFRAP status, is available at http://www.epa.gov/fedfac/fedfacts or by contacting the EPA HQ Docket Coordinator at the address
provided in the FOR FURTHER INFORMATION CONTACT section of this notice.
In prior updates, information regarding NFRAP status changes was
provided separately.

7.0 Information Contained on Docket Listing

    The information is provided in three tables. The first table is a
list of new Federal facilities that are being added to the Docket. The
second table is a list of Federal facilities that are being deleted
from the Docket. The third table is for corrections.
    The Federal facilities listed in each table are organized by the
date reported. Under each heading is listed the name and address of the
facility, the Federal agency responsible for the facility, the
statutory provision(s) under which the facility was reported to EPA,
and a code.\2\
---------------------------------------------------------------------------

    \2\ Each Federal facility listed in the update has been assigned
a code that indicates a specific reason for the addition or
deletion. The code precedes this list.
---------------------------------------------------------------------------

    The statutory provisions under which a Federal facility is reported
are listed in a column titled ``Reporting Mechanism.'' Applicable
mechanisms are listed for each Federal facility: For example, Sections
3005, 3010, 3016, 103(c), or Other. ``Other'' has been added as a
reporting mechanism to indicate those Federal facilities that otherwise
have been identified to have releases or threat of releases of
hazardous substances. The National Contingency Plan 40 CFR 300.405
addresses discovery or notification, outlines what constitutes
discovery of a hazardous substance release, and states that a release
may be discovered in several ways, including: (1) A report submitted in
accordance with Section 103(a) of CERCLA, i.e., reportable quantities
codified at 40 CFR part 302; (2) a report submitted to EPA in
accordance with Section 103(c) of CERCLA; (3) investigation by
government authorities conducted in accordance with Section 104(e) of
CERCLA or other statutory authority; (4) notification of a release by a
Federal or state permit holder when required by its permit; (5)
inventory or survey efforts or random or incidental observation
reported by government agencies or the public; (6) submission of a
citizen petition to EPA or the appropriate Federal facility requesting
a preliminary assessment, in accordance with Section 105(d) of CERCLA;
(7) a report submitted in accordance with Section 311(b)(5) of the
Clean Water Act; and (8) other sources. As a policy matter, EPA
generally believes it is appropriate for Federal facilities identified
through the CERCLA discovery and notification process to be included on
the Docket.
    The complete list of Federal facilities that now make up the Docket
and the NPL and NFRAP status are available to interested parties and
can be obtained at http://www.epa.gov/fedfac/fedfacts or by contacting
the EPA HQ Docket Coordinator at the address provided in the FOR
FURTHER INFORMATION CONTACT section of this notice. As of the date of
this notice, the total number of Federal facilities that appear on the
Docket is 2,318.

    Dated: March 30, 2017.
Charlotte Bertrand,
Director, Federal Facilities Restoration and Reuse Office, Office of
Land and Emergency Management.

Categories for Deletion of Facilities

    (1) Small-Quantity Generator.Show citation box.
    (2) Never Federally Owned and/or Operated.
    (3) Formerly Federally Owned and/or Operated but not at time of
listing.
    (4) No Hazardous Waste Generated.
    (5) (This code is no longer used.)
    (6) Redundant Listing/Site on Facility.
    (7) Combining Sites Into One Facility/Entries Combined.
    (8) Does Not Fit Facility Definition.

Categories for Addition of Facilities

    (15) Small-Quantity Generator with either a RCRA 3016 or CERCLA 103
Reporting Mechanism.
    (16) One Entry Being Split Into Two (or more)/Federal Agency
Responsibility Being Split.
    (17) New Information Obtained Showing That Facility Should Be
Included.

    (18) Facility Was a Site on a Facility That Was Disbanded; Now a
Separate Facility.
    (19) Sites Were Combined Into One Facility.
    (19A) New Currently Federally Owned and/or Operated Facility Site.

Categories for Corrections of Information About Facilities

    (20) Reporting Provisions Change.
    (20A) Typo Correction/Name Change/Address Change.
    (21) Changing Responsible Federal Agency. (If applicable, new
responsible Federal agency submits proof of previously performed PA,
which is subject to approval by EPA.)
    (22) Changing Responsible Federal Agency and Facility Name. (If
applicable, new responsible Federal Agency submits proof of previously
performed PA, which is subject to approval by EPA.)
    (24) Reporting Mechanism Determined To Be Not Applicable After
Review of Regional Files.

                                         Federal Agency Hazardous Waste Compliance Docket Update #31--Additions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Reporting
        Facility name               Address            City              State       Zip code       Agency          mechanism      Code        Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
AGRICULTURE RESEARCH SERVICE-- 2835 HWY 138      KELSO...........  AR..............     71670  AGRICULTURE.....  CERCLA 103.....     17  UPDATE #31.
 KELSO.                         EAST.
US FS -WHITMAN RANGER          3100 13TH ST....  BAKER CITY......  OR..............     97814  AGRICULTURE.....  RCRA 3010......     17  UPDATE #31.
 DISTRICT STORAGE YARD.
ANG--BLUE MOUNTAIN TRAINING    NATIONAL FOREST   MISSOULA........  MT..............     59847  ARMY............  RCRA 3010......     17  UPDATE #31.
 AREA.                          ROAD 365.
USADACENFB...................  HAWK ROAD,        FORT BLISS......  TX..............     79916  ARMY............  RCRA 3010......     17  UPDATE #31.
                                MCGREGOR RANG
                                CAMP, NM, 88342.
US ACE CIVIL--PARCEL F AT      1008 AUGUSTINE    KAUKAUNA........  WI..............     54130  CORPS OF          RCRA 3010......     17  UPDATE #31.
 KAUKAUNA LOCK 3.               ST.                                                             ENGINEERS,
                                                                                CIVIL.
US ARMY CORP OF ENGINEERS--    105 HAMMOND HWY   METAIRIE........  LA..............      7005  CORPS OF          CERCLA 103.....     17  UPDATE #31.
 17th ST. Canal.                LAT: 30N                                                        ENGINEERS,
                                .022891'.                                                       CIVIL.
US ACE-CIVIL--ICE HARBOR DAM.  2763 MONUMENT     BURBANK.........  WA..............     99323  CORPS OF          CERCLA 103.....     17  UPDATE #31.
                                DRIVE.                                                          ENGINEERS,
                                                                                CIVIL.
US ACE-CIVIL--MCNARY SUB       1910 3RD AVE....  UMATILLA........  OR..............     97882  CORPS OF          CERCLA 103.....     17  UPDATE #31.
 STATION.                                                                                ENGINEERS,
                                                                                CIVIL.
US ARMY CORP OF ENGINEERS--    CLEARWATER LAKE.  PIEDMONT........  MO..............     63957  CORPS OF          CERCLA 103.....    19a  UPDATE #31.
 PIEDMONT.                                                                                ENGINEERS,
                                                                                CIVIL.
DOD JOINT SYSTEMS MFG CENTER.  1155 BUCKEYE RD.  LIMA............  OH..............     45804  ARMY............  RCRA 3010......     17  UPDATE #31.
BWXT CONVERSION SERVICES ,     HOBBS ROAD......  KEVIL...........  KY..............     42053  ENERGY..........  RCRA 3010......     17  UPDATE #31.
 LLC.
USDOE--BPA ST JOHN             45.615139, -      PORTLAND........  OR..............  ........  ENERGY..........  CERCLA 103.....     17  UPDATE #31.
 SUBSTATION: SOUTH RIVERGATE    122.765806.
 POND.
US CDP (FEMA/DHS)--Bldg 40/    40 Twill Lane...  ANNISTON........  AL..............     36205  HOMELAND          CERCLA 103.....      1  UPDATE #31.
 900 Area.                                                                                SECURITY.
US CDP (FEMA/DHS)- COBRA       WALT PHILLIPS     ANNISTON........  AL..............     36205  HOMELAND          RCRA 3010......     17  UPDATE #31.
 TRAINING FACILITY.             ROAD.                                                           SECURITY.
US CG--HISTORIC ATON 37 LAKE   T50N R4W SEC 23.  COEUR D'ALENE...  ID..............     83814  HOMELAND          RCRA 3010......     17  UPDATE #31.
 COEUR D'ALENE.                                                                                SECURITY.
USCG--ARGO INCIDENT NUMBER     41 38.359 N,      KELLEYS ISLAND..  OH..............     43438  HOMELAND          RCRA 3010......     17  UPDATE #31.
 1510-22-2322.                  82.599 W.                                                       SECURITY.
FWS SEVILLETA NWR............  NM INTERSTATE I-  SOCORRO.........  NM..............     87801  INTERIOR........  RCRA 3010......     17  UPDATE #31.
                                25, EXIT 169.
US BLM--DAVENPORT............  T25N R35E         DAVENPORT.......  WA..............     99212  INTERIOR........  RCRA 3010......     17  UPDATE #31.
                                SECTION 15 W1/
                                2SW1/4.
US BLM--HAINES MP7 DUMPSITE..  MILE POST 7,      HAINES..........  AK..............     99827  INTERIOR........  RCRA 3010......     17  UPDATE #31.
                                HAINES HIGHWAY.
US BLM--HOWARD MOUNTAIN BURN   T6S R34E SEC 31   POCATELLO.......  ID..............     83204  INTERIOR........  RCRA 3010......     17  UPDATE #31.
 SITE.                          SESE 2.5 MI W
                                OF POC TRAIL
                                CREEK RD.
US BLM--MAC D MERCURY MINE &   T2N R5W SEC 6     HOMEDALE........  ID..............     83705  INTERIOR........  RCRA 3010......     17  UPDATE #31.
 RETORT SITE.                   NESE.
Federal Bureau of Prisons--    5830 KNAUTH RD..  BEAUMONT........  TX..............     77705  JUSTICE.........  CERCLA 103.....     17  UPDATE #31.
 Beaumont Medium Federal
 Prison.
SMITHSONIAN PAUL GARBER        3904 OLD SILVER   SUITLAND........  MD..............     20746  Smithsonian       RCRA 3010......     17  UPDATE #31.
 FACILITY.                      HILL ROAD.                                                      Board of
                                                                                Regents.
FEDERAL AVIATION               5040 WEST         BEAUMONT........  TX..............     77705  TRANSPORTATION..  CERCLA 103.....     17  UPDATE #31.
 ADMINISTRATION--(BPT).         AIRLINE DR.
FEDERAL AVIATION               4215 WILL         Houston.........  TX..............     77032  TRANSPORTATION..  CERCLA 103.....     17  UPDATE #31.
 ADMINISTRATION--(IAH).         CLAYTON PARKWAY.
FEDERAL AVIATION               13800 FAA ROAD..  Fort Worth......  TX..............     76155  TRANSPORTATION..  CERCLA 103.....     17  UPDATE #31.
 ADMINISTRATION--Fort Worth.
US FAA-GUAM..................  1775 ADMIRAL      BARRIGADA.......  GU..............     96913  TRANSPORTATION..  RCRA 3010......     17  UPDATE #31.
                                SHERMAN BLVD,
                                FAA GUAM ZUA
                                CERAP SSC.

UNITED STATES POSTAL SERVICE-- 4025 West Reno    Oklahoma City...  OK..............     73107  USPS............  CERCLA 103.....     17  UPDATE #31.
 PNDC.                          Ave.
USPS--SVC BARRIGADA GUAM.....  489 ARMY DR.....  BARRIGADA.......  GU..............     96913  USPS............  RCRA 3010......     17  UPDATE #31.
USPS--TECUMSEH...............  BROADWAY STREET.  TECUMSEH........  NE..............     68450  USPS............  RCRA 3010......     17  UPDATE #31.
JOHN J. PERSHING VAMC........  1500 N WESTWOOD   POPLAR BLUFF....  MO..............     63901  VETERANS AFFAIRS  RCRA 3010......     17  UPDATE #31.
                                BLVD.
MI DEPT/MILITARY & VETERANS    50 SABRE AVE 110  BATTLE CREEK....  MI..............     49037  VETERANS AFFAIRS  RCRA 3010......     17  UPDATE #31.
 AFFAIRS.                       MSG/EM.
US VA--WALLA WALLA MEDICAL     77 WAINWRIGHT DR  WALLA WALLA.....  WA..............     99362  VETERANS AFFAIRS  RCRA 3010......     17  UPDATE #31.
 CENTER.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                         Federal Agency Hazardous Waste Compliance Docket Update #31--Deletions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Reporting
        Facility name               Address            City              State       Zip code       Agency          mechanism      Code        Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
FRESNO AUCRAD................  5168 EAST DAKOTA  FRESNO..........  CA..............     93727  AIR FORCE.......  RCRA 3010......      2  12/15/89
                                AVE.
PACIFIC BELL.................  SOUTH FORK        REDDING.........  CA..............     96601  AIR FORCE.......  RCRA 3010......      2  09/27/91
                                MOUNTAIN.
CARSON CITY LANDFILL.........  ................  ORMSBY COUNTY...  NV..............  ........  INTERIOR........  CERCLA 103.....      2  12/12/91
NAVY REMEDIATION AT TELEDYNE   1330 LASKEY RD..  TOLEDO..........  OH..............     43612  NAVY............  RCRA 3010......      3  03/18/13
 TURBINE ENG.
LAULUALEL NAVAL MAGAZINE.....  NAVAL MAGAZINE    WESTLOCH........  HI..............     96860  NAVY............  RCRA 3005......      6  02/12/88
                                DEMILITARIZATIO
                                N FURNACE.
FORT DARUSSY MILITARY RESERVE  KATTA ROAD AT     HONOLULU........  HI..............     96815  ARMY............  RCRA 3010......      4  11/10/93
                                INTERSECTION.
HERLONG MUNITIONS............  705 HALL STREET.  SUSANVILLE......  CA..............     96130  DEFENSE.........  RCRA 3016......      6  02/05/93
NAVAL REGIONAL MEDICAL CENTER  17TH AND          PHILADELPHIA....  PA..............     19145  NAVY............  RCRA 3010......   1, 6  02/12/88
                                PATTISON AVE.
SAINT HELENA ANNEX...........  SOUTH MAIN        NORFOLK.........  VA..............     23523  NAVY............  RCRA 3010......    1,6  12/15/89
                                STREET.
CANONSBURG FIELD.............  ................  CANONSBURG......  PA..............  ........  ARMY............  CERCLA 103.....      8  11/10/93
GENERAL SERVICES               212 S THIRD AVE.  MINNEAPOLIS.....  MN..............     55401  GENERAL SERVICES  RCRA 3010......      1  12/29/00
 ADMINISTRATION.                                                                                ADMINISTRATION.
RIVERDALE DEFENSE MAPPING      6501 LAFAYETTE    RIVERDALE.......  MD..............     20737  DEFENSE.........  RCRA 3010......      1  08/22/90
 AGENCY HTC.                    AVE CENT REC AR.
MANCHESTER HOUSING AND         83 TRAHAN STREET  MANCHESTER......  NH..............      3103  HOUSING AND       RCRA 3010......      2  11/10/93
 DEVELOPMENT AUTHORITY.                                                                         URBAN
                                                                                DEVELOPMENT.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                        Federal Agency Hazardous Waste Compliance Docket Update #31--Corrections
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Reporting
        Facility name               Address            City              State       Zip code       Agency          mechanism       Code        Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
JOHNSTON ATOLL NATIONAL        P.O. BOX 50167..  HONOLULU........  HI..............     96850  ARMY............  RCRA 3010......   20A, 21  12/12/88
 WILDLIFE REFUGE.
JOHNSTON ATOLL NATIONAL        16.728611 N,      JOHNSTON ATOLL..  JOHNSTON ATOLL..  ........  INTERIOR........  RCRA 3010......  ........  12/12/88
 WILDLIFE REFUGE.               169.534167 W.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-11693 Filed 6-5-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Rules and Regulations]
[Pages 4820-4821]
[FR Doc No: 2014-01722]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0141; 9905-88-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Attainment Plan for the Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware Nonattainment Area for the 1997 Annual
Fine Particulate Matter Standard; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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

SUMMARY: This document corrects an error in the preamble language of a
final rule pertaining to EPA's approval of Delaware's state
implementation plan (SIP) revision demonstrating Delaware's attainment
of the 1997 annual fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS) for the Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment area
(Philadelphia Area) submitted by the Delaware Department of Natural
Resources and Environmental Control.

DATES: This final rule is effective on January 30, 2014, and is
applicable beginning January 16, 2014.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA inadvertently printed an incorrect
column title on a table entitled, Delaware's Motor Vehicle Budgets for
the 1997 Annual PM2.5 NAAQS. This action corrects the table
in rule document [FR document No. 2013-29803] published in the Federal
Register on December 17, 2013 (78 FR 76209). The table is corrected as
follows: On page 76212 on the third column of the table, correct the
title which now reads volatile organic compound (VOC), to read
PM2.5.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
an incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
EPA has made a ``good cause'' finding that this action is not subject
to notice-and-comment requirements under the Administrative Procedures
Act or any other statute as indicated in the Supplementary Information
section above, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4). In addition, this action does not

significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also 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, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq).
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefore, and established an effective date of January 16,
2014. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This correction to 40 CFR 52.427(c)
for Delaware is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: January 8, 2014.
W.C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. 2014-01722 Filed 1-29-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Page 64443]
[FR Doc No: 2018-27234]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 74

[Docket No. FDA-2017-C-2902]

Listing of Color Additives Subject to Certification; D&C Yellow
No. 8; Confirmation of Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; confirmation of effective date.

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

SUMMARY: The Food and Drug Administration (FDA or we) is confirming the
effective date of October 26, 2018, for the final rule that appeared in
the Federal Register of September 25, 2018, and that amended the color
additive regulations to provide for the expanded safe use of D&C Yellow
No. 8 as a color additive in contact lens solution.

DATES: The effective date of final rule published in the Federal
Register of September 25, 2018 (83 FR 48373) is confirmed: October 26,
2018.

ADDRESSES: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and insert the
docket number found in brackets in the heading of this final rule into
the ``Search'' box and follow the prompts, and/or go to the Dockets
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Molly A. Harry, Center for Food Safety
and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of September 25,
2018 (83 FR 48373), we amended the color additive regulations to add
Sec.  74.3708, ``D&C Yellow No. 8,'' (21 CFR 74.3708) to provide for
the expanded safe use of D&C Yellow No. 8 as a color additive in
contact lens solution.
    We gave interested persons until October 25, 2018, to file
objections or requests for a hearing. We explained that, to file an
objection, among other things, persons must specify with particularity
the provision(s) to which they object. We also explained that if a
person who properly submits an objection wants a hearing, he or she
must specifically request a hearing and that failure to do so will
constitute a waiver of the right to a hearing (83 FR 48373 at 48375).
    We received seven comments regarding our decision to amend the
color additive regulations to provide for the expanded safe use of D&C
Yellow No. 8 as a color additive in contact lens solution. None of the
comments, however, specified with particularity the provision(s) of the
regulation to which they objected nor specifically requested a hearing.
Therefore, we find that the effective date of the final rule that
published in the Federal Register of September 25, 2018, should be
confirmed.

List of Subjects in 21 CFR Part 74

    Color additives, Cosmetics, Drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e) and under
authority delegated to the Commissioner of Food and Drugs, we are
giving notice that no objections or requests for a hearing were filed
in response to the September 25, 2018, final rule. Accordingly, the
amendments issued in the final rule became effective October 26, 2018.

    Dated: December 11, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-27234 Filed 12-14-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: January 9, 2009 (Volume 74, Number 6)]
[Notices]
[Page 975-976]
[DOCID:fr09ja09-73]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59196; File No. SR-ISE-2008-100]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to the Amendment of International Securities Exchange
Holdings, Inc.'s Certificate of Incorporation

January 5, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on December 24, 2008, the International Securities Exchange,
LLC (the ``Exchange'' or ``ISE'') 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 ISE. ISE has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(3) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 19b-4(f)(3).
---------------------------------------------------------------------------

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

    The Exchange is proposing to make technical changes to the
certificate of incorporation (the ``Certificate of Incorporation'') of
its parent, International Securities Exchange Holdings, Inc.
(``Holdings''), which will be adopted in connection with a corporate
transaction (the ``Transaction''), in which the ISE Stock Exchange, LLC
(``ISE Stock''), a Delaware limited liability company, will merge with
and into Maple Merger Sub, LLC (``Maple Merger Sub''), a Delaware
limited liability company and a wholly owned subsidiary of Direct Edge
Holdings LLC (``Direct Edge''), with Maple Merger Sub being the
surviving entity.

Certificate of Incorporation

    The Exchange is proposing to make additional technical change to
the Certificate of Incorporation to: (1) Remove the word ``FIRST''
before the opening paragraph and (2) add new text below the opening
paragraph stating that the name of the corporation is International
Securities Exchange Holdings, Inc.

Text of the Proposed Rule Change

    Underlining indicates additions; [Brackets] indicate deletion.

Amended and Restated Certificate of Incorporation of International
Securities Exchange Holdings, Inc.

    [FIRST:] The name of the corporation is International Securities
Exchange Holdings, Inc. (the ``Corporation''). The Corporation was
incorporated on November 16, 2004 by filing its Certificate of
Incorporation with the Secretary of State of the State of Delaware
under the name International Securities Exchange Holdings, Inc.
    FIRST: The name of the corporation is International Securities
Exchange Holdings, Inc. (the ``Corporation'').
* * * * *
    The text of the proposed rule change is available on the Exchange's
Web site www.ise.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 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
    On December 22, 2008, the Commission approved a rule filing
submitted by the Exchange in connection with the Transaction \5\ which
included the Certificate of Incorporation. On December 23, 2008, the
Exchange submitted a technical rule filing to make changes requested by
the Delaware Secretary of State.\6\ The purpose of this rule filing is
to make additional technical changes to the Certificate of
Incorporation that were subsequently requested by the Delaware
Secretary of State that are necessary to permit Holdings to file the
Certificate of Incorporation to effect the Transaction. The Exchange is
proposing to make technical changes to the Certificate of Incorporation
to: (1) Remove the word ``FIRST'' before the opening paragraph and (2)
add new text below the opening paragraph stating that the name of the
corporation is International Securities Exchange Holdings, Inc.
---------------------------------------------------------------------------

    \5\ Release No. 34-59135 (December 22, 2007); File No. SR-ISE-
2008-85.
    \6\ See File No. SR-ISE-2008-97 (December 23, 2008).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(1) that an exchange be so organized so
as to have the capacity to be able to carry out the purposes of the
Exchange Act and to comply, and (subject to any rule or order of the
Commission pursuant to Section 17(d) or 19(g)(2) of the Exchange Act)
to enforce compliance by its members and persons associated with its
members, with the provisions of the Exchange Act, the rules and
regulations

thereunder and the rules of the exchange. The Exchange also believes
this proposed rule change furthers the objective of Section 6(b)(5)
that an exchange have rules that, among other things, are designed to
remove impediments to and perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. In particular, the proposed rule
change will allow the Exchange to effect the Transaction, which was
approved by the Commission on December 22, 2008.\7\
---------------------------------------------------------------------------

    \7\ See footnote 5.
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \8\ and Rule 19b-4(f)(3) \9\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 19b-4(f)(3).
---------------------------------------------------------------------------

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-ISE-2008-100 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2008-100. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of ISE. 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-ISE-2008-100 and should be
submitted on or before January 30, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-157 Filed 1-8-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Page 28929]
[FR Doc No: 2016-11065]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Striper Energy, Inc.; Order of Suspension of
Trading

May 6, 2016.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Striper Energy, Inc. (``Striper'') due to questions regarding the
accuracy and adequacy of publicly disseminated information in the
company's December 31, 2015 annual report and accompanying financials
provided to OTC Markets Group, Inc. (``OTC Markets'') concerning, among
other things, Striper's operations and financial obligations. Striper
is a Florida corporation based in Addison, Texas. Its securities are
quoted on OTC Link (previously ``Pink Sheets''), operated by OTC
Markets, under the ticker symbol ``CPCCD.''
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
May 6, 2016, through 11:59 p.m. EDT on May 19, 2016.

    By the Commission.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-11065 Filed 5-6-16; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Rules and Regulations]
[Pages 57796-57798]
[FR Doc No: 2013-22905]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0762]
RIN 1625-AA00

Safety Zone; Pro Hydro-X Tour, Atlantic Ocean, Islamorada, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Ocean, Islamorada, Florida during the Pro Hydro-
X Tour. The Pro Hydro-X Tour is a series of Jet Ski races. The race
course is in an oval configuration. There will be 7 Jet Skis on the
course for each race. The Pro Hydro-X Tour is scheduled to take place
on September 20, 21, and 22, 2013. Approximately 50 participants are
anticipated to participate in this event. This safety zone is necessary
to provide for the safety of the participants and general public on the
navigable waters of the United States during the event. The safety zone
establishes a regulated area that will encompass the race course area.
Non-participant persons and vessels will be prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Key West or a
designated representative.

DATES: This rule will be enforced from 7:30 a.m. to 4 p.m. on September
20, 21 and 22, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0762. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ian Bowes, Sector Key West Prevention Department, U.S.
Coast Guard; telephone<PHONE_NUMBER> ext. 5, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not have
sufficient time to publish an NPRM and to receive public comments prior
to the event. 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 participants and the general public.
    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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 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 provide for the safety of life on
navigable waters of the United States during the Pro Hydro-X Tour.

C. Discussion of Final Rule

    On September 20, 21, and 22, 2013, Hydrocross INC. is sponsoring
the Pro Hydro-X Tour, a series of jet ski races. The event will be held
on the waters of the Atlantic Ocean, Islamorada, Florida. Approximately
50 participants are anticipated to participate in this event.
    The rule will establish a safety zone that will encompass certain
waters of the Atlantic Ocean, Islamorada, Florida. The safety zone will
be enforced daily from 7:30 a.m. until 4 p.m. on September 20, 21 and
22, 2013. The safety zone will encompass the event area where all non-
participant persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within.
    Non-participant persons and vessels may request authorization to
enter the event area by contacting the Captain of the Port Key West by
telephone at<PHONE_NUMBER>, or a designated representative via VHF radio
on channel 16. If authorization to enter, transit through, anchor in,
or remain within the event area is granted by the Captain of the Port
Key West or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Key West or a designated representative. The Coast
Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented

by Executive Order 13563, Improving Regulation and Regulatory Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders. The economic impact of this rule is not
significant for the following reasons: (1) The safety zone will be
enforced for only eight and one half hours each day; (2) although non-
participant persons and vessels will not be able to enter, transit
through, anchor in, or remain within the event area without
authorization from the Captain of the Port Key West or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) non-participant persons and vessels may still
enter, transit through, anchor in, or remain within the event area
during the enforcement period if authorized by the Captain of the Port
Key West or a designated representative; and (4) the Coast Guard will
provide advance notification of the safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. 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 the regulated area
during the respective enforcement period. 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.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the creation of a safety zone. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An

environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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.T07-0762 to read as follows:

Sec.  165.T07-0762  Safety Zone; Pro Hydro-X Tour; Atlantic Ocean;
Islamorada, FL.

    (a) Regulated Area. The following regulated area is established as
a safety zone. All coordinates are North American Datum 1983. All
waters of the Atlantic Ocean, Islamorada, FL encompassed within the
following points: starting at Point 1 in position 24[deg]56'29'' N,
80[deg]36'20'' W; thence southwest to Point 2 in position
24[deg]56'27'' N, 80[deg]36'23'' W; thence south to Point 3 in position
24[deg]56'26'' N, 80[deg]36'23'' W; thence east to Point 4 in position
24[deg]56'26'' N, 80[deg]36'21'' W; thence northeast to Point 5 in
position 24[deg]56'27'' N, 80[deg]36'20'' W; thence northeast to Point
6 in position 24[deg]56'28'' N, 80[deg]36'18'' W; thence northwest to
Point 7 in position 24[deg]56'29'' N, 80[deg]36'19'' W; thence
northwest back to origin.
    (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 Key West in the enforcement of the regulated area.
    (c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the event area without authorization from the Captain
of the Port Key West or a designated representative.
    (2) Non-participants persons and vessels desiring to enter, transit
through, anchor in, or remain within a regulated area may contact the
Captain of the Port Key West by telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16. If authorization
to enter, transit through, anchor in, or remain within a regulated area
is granted by the Captain of the Port Key West or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Key West
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
    (d) Effective Date. This rule will be enforced daily from 7:30 a.m.
until 4 p.m. on September 20, 21 and 22, 2013.

    Dated: September 5, 2013.
J.W. Reed,
Commander, U.S. Coast Guard, Alternate Captain of the Port Key West.
[FR Doc. 2013-22905 Filed 9-19-13; 8:45 am]
BILLING CODE 9110-04-P