[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1508-1510]
[FR Doc No: 2021-00125]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1031]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Food and Drug Administration Recall Regulations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on information collection provisions
associated with FDA recalls for products regulated by the Agency.

DATES: Submit either electronic or written comments on the collection
of information by March 9, 2021.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before March 9, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of March 9, 2021. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to

the docket unchanged. Because your comment will be made public, you are
solely responsible for ensuring that your comment does not include any
confidential information that you or a third party may not wish to be
posted, such as medical information, your or anyone else's Social
Security number, or confidential business information, such as a
manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2014-N-1031 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; FDA Recall Regulations.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

FDA Recall Regulations--21 CFR Part 7

OMB Control Number 0910-0249--Extension

    This information collection helps support implementation of section
701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371)
pertaining to product recalls, and regulations in part 7 (21 CFR part
7), subpart C promulgated to clarify and explain associated practices
and procedures. Regulations in part 7, subpart C Sec. Sec.  7.49, 7.50,
and 7.59 (21 CFR 7.49, 7.50, and 7.59) apply specifically to product
recalls, which may be undertaken voluntarily and at any time by
manufacturers and distributors, or at the request of the Agency.
Recalls are terminated when all reasonable efforts have been made to
remove or correct the product in accordance with the recall strategy.
The regulations also provide for corrective actions to be taken
regarding violative products and establish specific requirements that
enable us to monitor and assess the adequacy of a firm's efforts in
this regard. The provisions include reporting to FDA on the initiation
and termination of a recall, as well as submitting recall status
reports and making required communication disclosures. Specific
guidance regarding recalls is set forth in Sec.  7.59, although
product-specific guidance documents may also be developed to assist
respondents to the information collection. Agency guidance documents
are issued in accordance with our good guidance regulations in 21 CFR
10.115, which provide for public comment at any time.
    Consistent with Sec.  7.50, all recalls monitored by FDA are
included in an ``Enforcement Report'' once they are classified and may
be listed prior to classification when FDA determines the firm's
removal or correction of a marketed product(s) meets the definition of
a recall. Recall data in the Enforcement Report can be accessed through
the weekly report publication, the quick and advanced search
functionalities, and an Application

Programming Interface (API). Instructions for navigating the report,
accessing and using the API, and definitions of the report contents are
found at https://www.fda.gov/safety/enforcement-reports/enforcement-report-information-and-definitions.com.
    We estimate the burden of the collection of information as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
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                                                     Number of
    Activity; 21 CFR section         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
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Firm initiated recall; Sec.                2,779               1           2,779              25          69,475
 7.46...........................
Termination of recall; Sec.                2,095               1           2,095              10          20,950
 7.55...........................
Recall status reports; Sec.                2,779              13          36,127              10         361,270
 7.53...........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............          41,001  ..............         451,695
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    A review of Agency data shows that 8,337 recalls were conducted
during fiscal years 2017 through 2019, for an average of 2,779 recalls
annually. We assume an average of 25 hours is needed to submit the
requisite notification to FDA, for a total annual burden of 69,475
hours. Similarly, during the same period, 6,287 recalls were
terminated, for an average of 2,095 recall terminations annually, and
we assume an average of 10 hours is needed for the corresponding
information collection activity. To determine burden associated with
recall status reports we divided the average number of annual
submissions (36,127) by the average number of annual respondents
(2,779) and assume 10 hours is necessary for the corresponding
information collection, resulting in 361,270 hours annually.

                           Table 2--Estimated Annual Third-Party Disclosure Burden \1\
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                                                  Number of
    Activity; 21 CFR part        Number of       disclosures     Total annual    Average burden    Total hours
                                respondents    per respondent    disclosures     per disclosure
----------------------------------------------------------------------------------------------------------------
Recall communications; Sec.   2,779..........             445  1,236,655......  0.05 (3          61,832.75
  7.49.                                                                          minutes).
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    To determine burden associated with recall communication
disclosures described in Sec.  7.49, we calculated an average of 445
disclosures per recall and attribute 3 minutes for each disclosure,
resulting in 61,832.75 burden hours annually.
    These estimates reflect an overall decrease in the average number
of annual responses by 245,846 and a decrease in the average number of
annual burden hours by 70,949.25 since our last submission for OMB
review and approval of the information collection.

    Dated: January 4, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-00125 Filed 1-7-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47450-47451]
[FR Doc No: 2013-18753]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70065; File No. SR-NYSEMKT-2013-64]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Modifying the Content
of the NYSE MKT Trades Digital Media Data Feed

 July 30, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on July 18, 2013, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise the description of the NYSE MKT
Trades Digital Media data feed. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to revise the description of the NYSE MKT
Trades Digital Media data feed.
    In 2010, the Securities and Exchange Commission (``Commission'')
approved the NYSE MKT Trades data feed and certain fees for it.\4\ NYSE
MKT Trades is a NYSE MKT-only market data feed that allows a vendor to
redistribute on a real-time basis the same last sale information that
the Exchange reports under the Consolidated Tape Association (``CTA'')
Plan for inclusion in the CTA Plan's consolidated data streams and
certain other related data elements. Specifically, NYSE MKT Trades
includes the real-time last sale price, time, size, and bid/ask
quotations for each security traded on the Exchange and a stock summary
message. The stock summary message updates every minute and includes
NYSE MKT's opening price, high price, low price, closing price, and
cumulative volume for the security.
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    \4\ See Securities Exchange Act Release No. 62187 (May 27,
2010), 75 FR 31500 (June 3, 2010) (SR-NYSEAmex-2010-35).
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    In April 2013, the Exchange began offering a new version of NYSE
MKT Trades called ``NYSE MKT Trades Digital Media,'' which was
described as including the real-time last sale price, time, size, and
stock summary message for each security traded on the Exchange, but not
including access to the bid/ask quotation included with the NYSE MKT
Trades product.\5\ At that time, the Exchange believed that it could
efficiently remove the bid/ask information from the feed but has since
determined that the time and resources required to do so would be
significant and not commensurate with the need for the change. As such,
the NYSE MKT Trades Digital Media product is offered with the bid/ask
component included, and as such does not have different content than
the regular NYSE MKT Trades data fee. The only difference between the
products is the permitted distribution channels. NYSE MKT Trades
Digital Media permits market data vendors, television broadcasters, Web
site and mobile device service providers, and others to distribute the
data product to their customers for viewing via television, Web site,
and mobile devices. They are not be [sic] permitted to provide NYSE MKT
Trades Digital Media in a context in which a trading or order routing
decision can be implemented unless CTA data is available in an
equivalent manner, must label the products as NYSE MKT-only data, and
must provide a hyperlinked notice similar to the one provided for CTA
delayed data. These restrictions do not apply to the NYSE MKT Trades
product.
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    \5\ See Securities Exchange Act Release No. 69273 (Apr. 2,
2013), 78 FR 20969 (Apr. 8, 2013) (SR-NYSEMKT-2013-30).
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    No other changes to the data components, terms, or pricing of any
product are proposed.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \6\ of the
Act, in general, and furthers the objectives of Section 6(b)(5) \7\ of
the Act, 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 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, and it is not designed to permit unfair discrimination
among customers, brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange offers the NYSE MKT Trades Digital Media data product
in recognition of the demand for a more seamless and easier-to-
administer data distribution model that takes into account the expanded
variety of media and communication devices that investors utilize
today. As described above, the Exchange has determined that the expense
of creating and monitoring a new feed without the bid-ask element is
not warranted. No other

aspect of the NYSE MKT Trades or NYSE MKT Trades Digital Media offering
is being changed.
    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the data products proposed herein are precisely the sort of market
data products that the Commission envisioned when it adopted Regulation
NMS. The Commission concluded that Regulation NMS--by lessening
regulation of the market in proprietary data

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\8\
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    \8\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005) (File No. S7-10-04).

    By removing ``unnecessary regulatory restrictions'' on the ability
of exchanges to sell their own data, Regulation NMS advanced the goals
of the Act and the principles reflected in its legislative history.
    The Exchange further notes that the existence of alternatives to
the Exchange's products, including real-time consolidated data, free
delayed consolidated data, and proprietary data from other sources,
ensures that the Exchange is not unreasonably discriminatory because
vendors and subscribers can elect these alternatives. In addition, the
proposal would not permit unfair discrimination because the product
will be available to all of the Exchange's vendors and customers on an
equivalent basis.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The market for proprietary
data products is currently competitive and inherently contestable
because there is fierce competition for the inputs necessary to the
creation of proprietary data. Numerous exchanges compete with each
other for listings, trades, and market data itself, providing virtually
limitless opportunities for entrepreneurs who wish to produce and
distribute their own market data. This proprietary data is produced by
each individual exchange, as well as other entities (such as
internalizing broker-dealers and various forms of alternative trading
systems, including dark pools and electronic communication networks),
in a vigorously competitive market. It is common for market
participants to further and exploit this competition by sending their
order flow and transaction reports to multiple markets, rather than
providing them all to a single market.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of 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 such 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2013-64 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-NYSEMKT-2013-64. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of NYSE MKT. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2013-64 and should
be submitted on or before August 26, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-18753 Filed 8-2-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Rules and Regulations]
[Pages 15995-15997]
[FR Doc No: 2017-06351]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0255]
RIN 1625-AA08

Special Local Regulation, 2017 Cata[ntilde]o Offshore, San Juan
Harbor, San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of San Juan Harbor in San Juan, Puerto Rico during the 2017
Cata[ntilde]o Offshore, a high-speed race event. The special local
regulation is necessary to ensure the safety of race participants,
participant vessels, spectators, and the general public during the
event. This regulation establishes three regulated areas: A race area;
a buffer zone; and a spectator area. This special local regulation
prohibits non-participant persons and vessels from entering, transiting
through, anchoring in, or remaining within the race area or buffer zone
and prohibits vessels from transiting at speeds that cause wake within
the spectator area unless authorized by the Captain of the Port San
Juan or a designated representative.

DATES: This rule is effective from 11:00 a.m. through 4 p.m. on April
2, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0255 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Efrain Lopez, Sector San Juan Prevention Department,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

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 the Coast Guard did not receive the
required event documentation until March 22, 2017, leaving insufficient
time before the event to publish an NPRM and to receive public comment
in order to complete the rulemaking process. For that reason, it would
be impracticable to publish an NPRM.
    For the 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.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to
establish special local regulations is 33 U.S.C. 1233. The purpose of
the rule is to ensure safety of the event participants, the general
public, and the navigable waters of San Juan Harbor in the vicinity of
San Juan, Puerto Rico during the 2017 Cata[ntilde]o Offshore race
event.

IV. Discussion of the Rule

    This rule establishes a special local regulation on certain waters
of San Juan Harbor in San Juan, Puerto Rico during the 2017
Cata[ntilde]o Offshore race event. The race is scheduled to take place
from 11 a.m. to 4 p.m. on April 2, 2017. Approximately 30 high-speed
boats and personal watercraft are expected to participate in the race.
The special local regulation will create three regulated areas: (1) A
race area; (2) a buffer zone; and (3) a spectator area. Within the race
area and buffer zone, non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area without obtaining permission from
the COTP San Juan or a designated representative. Within the spectator
area, all persons and vessels are prohibited from traveling in excess
of wake speed without obtaining permission from the COTP San Juan or a
designated representative. If authorization is granted by the COTP San
Juan or a designated representative, all persons and vessels receiving
such authorization must comply with the instructions of the COTP San
Juan or a designated representative. The Coast Guard will provide
notice of the regulated areas by Local Notice to Mariners, Broadcast
Notice to Mariners, or by on-scene designated representatives.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'')

direct agencies to assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity. E.O. 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only five hours; (2) although persons and vessels may not enter,
transit through, anchor in, or remain within the race area without
authorization from the COTP San Juan or a designated representative,
the vessel traffic will be able to safely transit around the regulated
areas, which will impact certain waters of San Juan Harbor in San Juan,
Puerto Rico; (3) persons and vessels would still be able to enter,
transit through, anchor in, or remain within the race area and buffer
zone or transit in excess of wake speed in the spectator zone if
authorized by the COTP San Juan or a designated representative; and (4)
the Coast Guard will provide advance notice of the special local
regulation to the local maritime community by Local Notice to Mariners,
Broadcast Notice to Mariners, or by on-scene designated
representatives.

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 special local regulation that will prohibit non-
participant persons and vessels from entering, transiting through,
anchoring in, or remaining within a limited race area and will also
prohibit persons and vessels from transiting at more than wake speed
within a limited spectator area during a race event lasting five hours.
This rule is categorically excluded from further review under paragraph
34(h) 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.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T07-0255 to read as follows:

Sec.  100.35T07-0255  Special Local Regulations; 2017 Cata[ntilde]o
Offshore, San Juan Harbor, San Juan, PR.

    (a) Location. The following regulated areas are established as a
special local regulation. All coordinates are North American Datum
1983.
    (1) Race area. All waters of San Juan Harbor encompassed within an
imaginary line connecting the following points: Starting at Point 1 in
position 18[deg]27.915' N., 066[deg]07.756' W.; thence south to Point 2
in position 18[deg]27.164' N., 066[deg]07.634' W.; thence south to
Point 3 in position 18[deg]26.875' N., 066[deg]07.451' W.; thence east
to Point 4 in position 18[deg]26.938' N., 066[deg]06.645' W.; thence
northeast to point 5 in position 18[deg]27.069' N., 066[deg]06.535' W.;
thence northwest to point 6 in position 18[deg]28.005' N.,
066[deg]07.628' W.; thence southwest back to origin.
    (2) Buffer zone. All waters of San Juan Harbor encompassed within
an imaginary line connecting the following points: Starting at Point 1
in position 18[deg]28.170' N., 066[deg]07.588' W.; thence west to Point
2 in position 18[deg]27.943' N., 066[deg]08.010' W.; thence south to
Point 3 in position 18[deg]27.132' N., 066[deg]07.734' W.; thence south
to Point 4 in position 18[deg]26.733' N., 066[deg]07.488' W.; thence
east to point 5 in position 18[deg]26.768' N., 066[deg]06.578' W.;
thence northeast to point 6 in position 18[deg]27.168' N.,
066[deg]06.357' W.; thence northwest to Point 7 in position
18[deg]27.510' N., 066[deg]06.954' W.; thence northwest to Point 8 in
position 18[deg]27.611' N., 066[deg]07.098' W.; thence north to Point 9
in position 18[deg]27.779' N., 066[deg]07.123' W.; thence northwest to
point 10 in position 18[deg]27.846' N., 066[deg]07.182' W.; thence
north to point 11 in position 18[deg]27.924' N., 066[deg]07.190' W.;
thence northwest to Point 12 in position 18[deg]27.961' N.,
066[deg]07.256' W.; thence southwest to Point 13 in position
18[deg]27.952' N., 066[deg]07.312' W.; thence northwest to Point 14 in
position 18[deg]27.967' N., 066[deg]07.343' W.; thence north to point
15 in position 18[deg]28.003' N., 066[deg]07.335' W.; thence northwest
to point 16 in position 18[deg]28.071' N., 066[deg]07.399' W.; thence
southwest to Point 17 in position 18[deg]28.055' N., 066[deg]07.433'
W.; thence northwest back to origin.
    (3) Spectator area. All waters of San Juan Harbor excluding the
race area and buffer zone, encompassed within an imaginary line
connecting the following points: Starting at Point 1 in position
18[deg]26.933' N., 066[deg]07.824' W.; thence southeast to Point 2 in
position 18[deg]26.705' N., 066[deg]07.648' 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 San Juan in the enforcement of the regulated areas.
    (c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area unless authorized by the Captain of the
Port San Juan or a designated representative.
    (2) All non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
buffer zone unless authorized by the Captain of the Port San Juan or a
designated representative.
    (3) All persons and vessels are prohibited from transiting in
excess of wake speed in the spectator area, unless authorized by the
Captain of the Port San Juan or a designated representative.
    (4) Persons and vessels desiring to enter, transit through, anchor
in, remain within or transit in excess of wake speed within any of the
regulated areas may contact the Captain of the Port San Juan by
telephone at<PHONE_NUMBER>, or a designated representative via VHF-FM
radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the Captain of the Port San Juan or a
designated representative.
    (5) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene
designated representatives.
    (d) Enforcement period. This rule will be enforced with actual
notice from 11 a.m. until 4 p.m. on April 2, 2017, unless sooner
terminated by the Captain of the Port San Juan.

    Dated: March 27, 2017.
R.W. Warren,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2017-06351 Filed 3-30-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Notices]
[Page 43772]
[FR Doc No: 2015-18025]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2015-0219; FRL-9930-05-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Hazardous Waste Combustors
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection has submitted an information
collection request (ICR), ``NESHAP for Hazardous Waste Combustors (40
CFR part 63, subpart EEE) (Renewal)'' (EPA ICR No. 1773.11, OMB Control
No. 2050-0171) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). This is a proposed extension of the ICR, which is
currently approved through July 31, 2015. Public comments were
previously requested via the Federal Register (80 FR 20223) on April
15, 2015 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before August 24,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
RCRA-2015-0219, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: John Sager, Office of Resource
Conservation and Recovery (mail code 5304P), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the National Emission Standards for Hazardous Air
Pollutants (NESHAP) at 40 CFR part 63, subpart A, and any changes, or
additions to the General Provisions specified at 40 CFR part 63,
subpart EEE. Hazardous waste combustors include: Hazardous waste
incinerators, hazardous waste cement kilns, hazardous waste lightweight
aggregate kilns, hazardous waste solid fuel boilers, hazardous waste
liquid fuel boilers, and hazardous waste hydrochloric acid production
furnaces. Owners or operators of the affected facilities must submit a
one-time-only report of any physical or operational changes,
notification of exceedances, notification of performance test and
continuous monitoring system evaluation, notification of intent to
comply, notification of compliance, notification if the owner or
operator elects to comply with alternative requirements, initial
performance tests, and periodic reports and results.
    Form numbers: None.
    Respondents/affected entities: Owners or operators of combustion
units burning hazardous waste, States.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart EEE).
    Estimated number of respondents: 192.
    Frequency of response: Occasionally.
    Total estimated burden: 142,381 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $19,945,848 (per year), includes $4,052,444
annualized capital or operation & maintenance costs.
    Changes in the estimates: There is decrease of 66 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This small decrease is due to the slight decrease in
the number of incinerators from last time.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-18025 Filed 7-22-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 12052-12053]
[FR Doc No: 2021-04092]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91193]

Order Granting Application by Cboe C2 Exchange, Inc. for
Exemption Pursuant to Section 36(a) of the Exchange Act From the Rule
Filing Requirements of Section 19(b) of the Exchange Act With Respect
to Certain Rules Incorporated by Reference

February 23, 2021.
    Cboe C2 Exchange, Inc. (``C2'' or the ``Exchange'') has filed with
the Securities and Exchange Commission (the ``Commission'') an
application for an exemption under Section 36(a)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ from the rule filing
requirements of Section 19(b) of the Exchange Act \2\ with respect to
certain rules of Cboe Exchange, Inc. (``Cboe'') that the Exchange seeks
to incorporate by reference.\3\ Section 36(a)(1) of the Exchange
Act,\4\ subject to certain limitations, authorizes the Commission to
conditionally or unconditionally exempt any person, security, or
transaction, or any class thereof, from any provision of the Exchange
Act or rule thereunder, if necessary or appropriate in the public
interest and consistent with the protection of investors.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78mm(a)(1).
    \2\ 15 U.S.C. 78s(b).
    \3\ See letter from Rebecca Tenuta, Counsel, Cboe C2 Exchange,
Inc. to Vanessa Countryman, Secretary, Commission, dated February 9,
2021 (``Exemptive Request'').
    \4\ 15 U.S.C. 78mm(a)(1).
---------------------------------------------------------------------------

    The Exchange filed a proposed rule change \5\ under Section 19(b)
of the Exchange Act to update various C2 Rules and Chapters to reflect
changes to the Cboe Options rulebook. Namely, in the proposed rule
change, the Exchange proposed to incorporate by reference rule changes
made to each Cboe Options rule cross-referenced in the following C2
chapters or sections: Chapter 3, Section B (TPH Registration); \6\
Chapter 4, Section A (Equity and ETP Options); \7\ Chapter 4, Section B
(Index Options); \8\ Chapter 5 (Business Conduct); \9\ Chapter 6,
Section E (Intermarket Linkage); \10\ Chapter 6, Section F (Exercises
and Deliveries); \11\ Chapter 7, Section A; \12\ Chapter 7, Section B;
\13\ Chapter 9 (Doing Business with the Public); \14\ Chapter 10
(Margin Requirements); \15\ Chapter 1 (Net Capital Requirements); \16\
Chapter 12 (Summary Suspension); \17\ Chapter 13 (Discipline); \18\
Chapter 14 (Arbitration); \19\ and Chapter 15 (Hearings and Review)
\20\ (the ``Cboe Incorporated Rules'').
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 87646 (December 2,
2019), 84 FR 66938 (December 6, 2019) (SR-C2-2019-025).
    \6\ Incorporates by reference Cboe Options Chapter 3, Section B.
    \7\ Incorporates by reference Cboe Options Chapter 4, Section A.
    \8\ Incorporates by reference Cboe Options Chapter 4, Section B.
    \9\ Incorporates by reference Cboe Options Chapter 8.
    \10\ Incorporates by reference Cboe Options Chapter 5, Section
E.
    \11\ Incorporates by reference Cboe Options Chapter 6, Section
B.
    \12\ Incorporates by reference Cboe Options Chapter 7, Section
A.
    \13\ Incorporates by reference Cboe Options Chapter 7, Section
B.
    \14\ Incorporates by reference Cboe Options Chapter 9. See also
Securities Exchange Act Release No. 87646 (December 2, 2019), 84 FR
66938 (December 6, 2019) (SR-C2-2019-025), which relocated former
Rule 3.19 to Rule 9.20 in order to include Cboe Options Rule 9.20 in
C2 Chapter 9's incorporation of Cboe Options Chapter 9 by reference,
as former Rule 3.19 is identical to Cboe Options Rule 9.20 and it is
within the same category of exchange rules otherwise incorporated
into C2 Chapter 9 by reference to Cboe Options Chapter 9 (i.e., rule
related to doing business with the public).
    \15\ Incorporates by reference Cboe Options Chapter 10.
    \16\ Incorporates by reference Cboe Options Chapter 11.
    \17\ Incorporates by reference Cboe Options Chapter 12.
    \18\ Incorporates by reference Cboe Options Chapter 13.
    \19\ Incorporates by reference Cboe Options Chapter 14.
    \20\ Incorporates by reference Cboe Options Chapter 15.
---------------------------------------------------------------------------

    The Commission notes it previously granted C2 an exemption from the
rule filing requirements of Section 19(b) of the Act for the rules of
the Cboe set forth in the C2 rules referenced above.\21\ Since that
time, the Cboe has renumbered and relocated the previously incorporated
rules within its rulebook. As a result, C2 has submitted this exemptive
request to reflect rule number changes in the Cboe Options rulebook.
Specifically, the Exchange is now requesting, pursuant to Rule 0-12
under the Exchange Act,\22\ that the Commission grant an exemption from
the rule filing requirements of Section 19(b) of the Exchange Act for
changes to the Chapters 3-7 and 9-15 of the Exchange's rules that are
effected solely by virtue of a change to a Cboe Incorporated Rule. The
Exchange requests that it be permitted to incorporate by reference
changes made to the Cboe Incorporated Rules without the need for the
Exchange to file separately the same proposed rule change pursuant to
Section 19(b) of the Exchange Act.\23\
---------------------------------------------------------------------------

    \21\ See Securities Exchange Act Release Nos. 61152 (December
10, 2009), 74 FR 66699 (December 16, 2009); and 80339 (March 29,
2017), 82 FR 16442 (April 4, 2017).
    \22\ 17 CFR 240.0-12.
    \23\ See Exemptive Request, supra note 3.
---------------------------------------------------------------------------

    The Exchange represents that the Cboe Incorporated Rules are not
trading rules.\24\ Moreover, the Exchange states that it proposes to
incorporate by reference a category of rules (rather than individual
rules within a category).\25\ The Exchange also represents that, as a
condition of this exemption, the Exchange will provide written notice
to its applicants and members whenever Cboe proposes a change to a Cboe
Incorporated Rule.\26\
---------------------------------------------------------------------------

    \24\ Id.
    \25\ Id.
    \26\ The Exchange states that it will provide such notice via a
posting on the same website location where the Exchange posts its
own rule filings pursuant to Rule 19b-4(l) within the timeframe
required by such Rule. In addition, the Exchange states that the
website posting will include a link to the location on Cboe's
website where the applicable proposed rule change is posted. Id.
---------------------------------------------------------------------------

    According to the Exchange, this exemption is necessary and
appropriate to maintain consistency between C2 rules and the Cboe
Incorporated Rules, thus helping to ensure identical regulation of C2
Permit Holders that are also Cboe Trading Permit Holders with respect
to the incorporated provisions as

well as helping to ensure that C2-only Permit Holders are subject to
consistent regulation as Cboe Trading Permit Holders.\27\ The Exchange
believes that, without such an exemption, such Permit Holders could be
subject to two different standards.\28\
---------------------------------------------------------------------------

    \27\ See Exemptive Request, supra note 3.
    \28\ See id.
---------------------------------------------------------------------------

    The Commission has issued exemptions similar to the Exchange's
request.\29\ In granting similar exemptions, the Commission stated that
it would consider future exemption requests, provided that:
---------------------------------------------------------------------------

    \29\ See, e.g., Securities Exchange Act Release Nos. 86896
(September 6, 2019), 84 FR 48186 (September 12, 2019) (order
granting exemptive request from Nasdaq BX, Inc. relating to rules of
The Nasdaq Stock Market LLC incorporated by reference) (``Nasdaq BX
Order''); 86422 (July 22, 2019), 84 FR 36151 (July 26, 2019) (order
granting exemptive request from Nasdaq BX, Inc., Nasdaq GEMX, LLC,
Nasdaq ISE, LLC, Nasdaq MRX, LLC, and Nasdaq Phlx LLC relating to
rules of The Nasdaq Stock Market LLC incorporated by reference);
80338 (March 29, 2017), 82 FR 16464 (April 4, 2017) (order granting
exemptive request from MIAX PEARL, LLC relating to rules of Miami
International Securities Exchange, LLC incorporated by reference);
and 72650 (July 22, 2014), 79 FR 44075 (July 29, 2014) (order
granting exemptive requests from NASDAQ OMX BX, Inc. and the NASDAQ
Stock Market LLC relating to rules of NASDAQ OMX PHLX LLC
incorporated by reference).
---------------------------------------------------------------------------

     A self-regulatory organization (``SRO'') wishing to
incorporate rules of another SRO by reference has submitted a written
request for an order exempting it from the requirement in Section 19(b)
of the Exchange Act to file proposed rule changes relating to the rules
incorporated by reference, has identified the applicable originating
SRO(s), together with the rules it wants to incorporate by reference,
and otherwise has complied with the procedural requirements set forth
in the Commission's release governing procedures for requesting
exemptive orders pursuant to Rule 0-12 under the Exchange Act; \30\
---------------------------------------------------------------------------

    \30\ See 17 CFR 240.0-12 and Securities Exchange Act Release No.
39624 (February 5, 1998), 63 FR 8101 (February 18, 1998)
(``Commission Procedures for Filing Applications for Orders for
Exemptive Relief Pursuant to Section 36 of the Exchange Act; Final
Rule'').
---------------------------------------------------------------------------

     The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\31\
---------------------------------------------------------------------------

    \31\ See Nasdaq BX Order, supra note 29.
---------------------------------------------------------------------------

    The Commission believes that the Exchange has satisfied each of
these conditions. Further, the Commission also believes that granting
the Exchange an exemption from the rule filing requirements under
Section 19(b) of the Exchange Act will promote efficient use of the
Commission's and the Exchange's resources by avoiding duplicative rule
filings based on simultaneous changes to identical rule text sought by
more than one SRO. The Commission therefore finds it appropriate in the
public interest and consistent with the protection of investors to
exempt the Exchange from the rule filing requirements under Section
19(b) of the Exchange Act with respect to the above-described rules it
incorporates by reference. This exemption is conditioned upon the
Exchange promptly providing written notice to its applicants and
members whenever Cboe changes a Cboe Incorporated Rule.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\32\ that the Exchange is exempt from the rule filing requirements
of Section 19(b) of the Exchange Act solely with respect to changes to
the rules identified in the Exemptive Request, provided that the
Exchange promptly provides written notice to its applicants and members
whenever Cboe proposes to change a Cboe Incorporated Rule.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-04092 Filed 2-26-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48731-48732]
[FR Doc No: 2023-16042]

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

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0605]

Security Zones; Seattle's Seafair Fleet Week Moving Vessels,
Puget Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce Seattle's Seafair Fleet Week
Moving Vessels security zones from August 1 through August 7, 2023, to
ensure the security of the vessels from sabotage or other subversive
acts during Seafair Fleet Week Parade of Ships. Our regulation for
marine events within the Thirteenth Coast Guard District identifies the
regulated area for this event in Seattle, WA. During the enforcement
period, no person or vessel may enter or remain in the security zones
without the permission of the Captain of the Port (COTP), Puget Sound
or his designated representative. The COTP has granted general
permission for vessels to enter the outer 400 yards of the security
zones as long as those vessels within the outer 400 yards of the
security zones operate at the minimum speed necessary to maintain
course unless required to maintain speed by the navigation rules.

DATES: The regulations in 33 CFR 165.1333 will be enforced for the
security zones identified in the SUPPLEMENTARY INFORMATION section
below for the dates and times specified.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST1 Steve Barnett, Sector
Puget Sound Waterways Management Division, U.S. Coast Guard; telephone
206-217-6051, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security
zones for Seattle's Seafair Fleet Week Moving Vessels in 33 CFR
165.1333 for the regulated areas in the Elliott Bay from 11:30 a.m. on
August 1, 2023, through 5 p.m. on August 7, 2023. This action is being
taken to ensure the security of the vessels from sabotage or other
subversive acts during this event. Our regulation for marine events
within the Thirteenth Coast Guard District, Sec.  165.1333, specifies
the location of the regulated area in the Puget Sound around the
participating vessels designated in this notice.
    During the enforcement period, as reflected in Sec.  165.1333, no
person or vessel may enter or remain in the security zones without the
permission of the COTP or a designated representative. The COTP may be
assisted by other federal, state or local agencies with the enforcement
of the security zones. For 2023, the following areas are Sec.  165.1333
security zones: all navigable waters within 500 yards of USS JOHN S.
McCAIN (CG-56), USCGC HENRY BLAKE (WLM-563), USCGC ROBERT WARD (WPC-
1130), USCGC WAHOO (WPB-87345), HMCS YELLOWKNIFE (MM-706), HMCS
EDMONTON (MM-703), HMCS NANAIMO (MM-702), while each such vessel is in
the Sector Puget Sound COTP Zone.
    The COTP has granted general permission for vessels to enter the
outer 400 yards of the security zones as long as those vessels within
the outer 400 yards of the security zones operate at the minimum speed
necessary to maintain course unless required to maintain speed by the
navigation rules. All vessel operators who desire to enter the inner
100 yards of the security zones or transit the outer 400 yards at
greater

than minimum speed necessary to maintain course must obtain permission
from the COTP or a designated representative by contacting the on-scene
patrol craft on VHF Ch 13 or Ch 16. Requests must include the reason
why movement within this area is necessary. Vessel operators granted
permission to enter the security zones will be escorted by the on-scene
patrol craft until they are outside of the security zones.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide the maritime community with advanced
notification of the security zones via the Local Notice to Mariners and
marine information broadcasts before the start of the event. In the
event that there are changes to the participating vessels, due to
operational requirements, the Coast Guard will provide actual notice
for any additional designated participating vessels not covered in this
notice.
    Members of the public may contact Sector Puget Sound COTP at 206-
217-6002 for an up-to-date list of designated participating vessels.
    If the COTP determines that the security zones need not be enforced
for the full duration stated in this notice of enforcement, a Broadcast
Notice to Mariners may be used to grant general permission to enter all
portions of the regulated areas.

    Dated: July 24, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2023-16042 Filed 7-27-23; 8:45 am]
BILLING CODE 9110-04-P