[Federal Register: January 17, 2007 (Volume 72, Number 10)]
[Notices]
[Page 2040-2044]
[DOCID:fr17ja07-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55057; File No. 4-529]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing of Proposed Plan for the Allocation of
Regulatory Responsibilities Between the International Securities
Exchange, LLC and the National Association of Securities Dealers, Inc.

January 8, 2007.
    Pursuant to Section 17(d) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 17d-2 thereunder,\2\ notice is hereby given that
on December 20, 2006, the International Securities Exchange, LLC
(``ISE'') and the National Association of Securities Dealers, Inc.
(``NASD'') (together with the ISE, the ``Parties'') filed with the
Securities and Exchange Commission (``Commission'') an amended and
restated plan for the allocation of regulatory responsibilities. The
Commission is publishing this notice to solicit comments on the amended
and restated 17d-2 plan from interested persons.
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
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I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or registered national securities association to
examine for, and enforce compliance by, its members and persons
associated with its members with the Act, the rules and regulations
thereunder, and the SRO's own rules, unless the SRO is relieved of this
responsibility pursuant to Section 17(d) \4\ or Section 19(g)(2) \5\ of
the Act. Without this relief, the statutory obligation of each
individual SRO could result in a pattern of multiple examinations of
broker-dealers that maintain memberships in more than one SRO (``common
members''). Such regulatory duplication would add unnecessary expenses
for common members and their SROs.
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    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d).
    \5\ 15 U.S.C. 78s(g)(2).
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    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \6\ 15 U.S.C. 78q(d)(1).
    \7\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\8\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\9\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
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    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for notice and comment, it determines that the plan is
necessary or appropriate in the public interest and for the protection
of investors, to foster cooperation and coordination among the SROs, to
remove impediments to, and foster the development of, a national market
system and a national clearance and settlement system, and is in
conformity with the factors set forth in Section 17(d) of the Act.
Commission approval of a plan filed pursuant to Rule 17d-2 relieves an
SRO of those regulatory responsibilities allocated by the plan to
another SRO.
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    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. Proposed Plan

    The Parties currently operate pursuant to a 17d-2 plan in which
NASD has assumed certain inspection, examination, and enforcement
responsibility for common members with respect to certain applicable
laws, rules, and regulations (the ``current NASD-ISE 17d-2 Plan'').\11\
On September 28, 2006, the Commission approved a proposed rule change
submitted by ISE relating to the adoption of rules to govern its
electronic trading system for equities.\12\ In that filing, ISE
represented that it would enter into a 17d-2 agreement with NASD to
delegate to NASD all regulatory oversight and enforcement
responsibilities with respect to the ISE's outbound routing facility
pursuant to applicable laws.\13\
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    \11\ See Securities Exchange Act Release Nos. 42668 (April 11,
2000), 65 FR 21048 (April 19, 2000 (File No. 4-431) (notice of
filing); and 42815 (May 23, 2000), 65 FR 34762 (May 31, 2000) (File
No. 4-431) (order).
    \12\ See Securities Exchange Act Release No. 54528 (September
28, 2006), 71 FR 58650 (October 4, 2006) (SR-ISE-2006-48).
    \13\ See id. at 71 FR 58654.
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    On December 20, 2006, the Parties submitted an amended and restated
17d-2 plan for review by the Commission. The amended and restated 17d-2
plan, which would replace and supersede the current NASD-ISE 17d-2 Plan
and all prior amendments thereto in their entirety, is intended to
reduce regulatory duplication for firms that are

common members of both ISE and NASD and to address regulation of the
ISE's outbound routing facility for its new electronic trading system
for equities. The text of the plan delineates regulatory
responsibilities with respect to the Parties, including responsibility
for ISE rules. Included in the amended and restated plan is an exhibit
(the ``ISE Certification of Common Rules,'' referred to herein as the
``Certification'') that lists every ISE rule and the federal securities
laws, rules, and regulations thereunder for which, under the plan, NASD
would bear responsibility for overseeing and enforcing with respect to
common members. In particular, under the amended and restated 17d-2
plan, NASD would assume examination and enforcement responsibility
relating to compliance by dual members and persons associated therewith
with the rules of ISE that are substantially similar to the applicable
rules of NASD (``Common Rules''),\14\ as well as any provisions of the
federal securities laws and the rules and regulations thereunder
delineated in the Certification.\15\ Under the plan, ISE would retain
full responsibility for surveillance and enforcement with respect to
trading activities or practices involving ISE's own marketplace,
including, without limitation, ISE's rules relating to the rights and
obligations of market makers; registration pursuant to its unique rules
(i.e., non-Common Rules); its duties as a DEA pursuant to Rule 17d-1
under the Act; and any rules that are not Common Rules, except for ISE
rules for any ISE member that operates as a facility,\16\ acts as an
outbound router for the ISE, and is a member of NASD (the ``Router
Member'').\17\
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    \14\ See paragraph 1(b) of the amended and restated 17d-2 plan
(defining Common Rules).
    \15\ See paragraph 1(f) of the amended and restated 17d-2 plan.
The Commission notes that there are currently no federal securities
law rules listed on the Certification.
    \16\ See Section 3(a)(2) of the Act (defining ``facility''). 15
U.S.C. 78c(a)(2).
    \17\ Apparent violations of such rules by any such entity will
be processed by, and enforcement proceedings will be conducted by,
the NASD. See paragraph 2(d) of the amended and restated 17d-2 plan.
As of the date of the amended and restated 17d-2 plan, ISE Route LLC
is the only Router Member.
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    The text of the amended and restated 17d-2 plan is as follows:

Agreement Between NASD and International Securities Exchange LLC
Pursuant to Rule 17d-2 Under the Securities Exchange Act of 1934

    This Agreement, by and between the National Association of
Securities Dealers, Inc. (``NASD'') and the International Securities
Exchange LLC (``ISE''), is made this 20th day of December, 2006 (the
``Agreement''), pursuant to Section 17(d) of the Securities Exchange
Act of 1934 (the ``Exchange Act'') and Rule 17d-2 thereunder which
permits agreements between self-regulatory organizations to allocate
regulatory responsibility to eliminate regulatory duplication. NASD and
ISE may be referred to individually as a ``party'' and together as the
``parties.''
    This Agreement amends and restates the agreement entered into
between the parties on April 3, 2000 and amended on April 27, 2000,
entitled ``Agreement Between the National Association of Securities
Dealers, Inc., NASD Regulation, Inc. and the International Securities
Exchange LLC Pursuant to Section 17(d) and Rule 17d-2,'' and any
subsequent amendments thereafter.
    Whereas, NASD and ISE desire to reduce duplication in the
examination of their Dual Members (as defined herein) and in the filing
and processing of certain registration and membership records; and
    Whereas, NASD and ISE desire to execute an agreement covering such
subjects pursuant to the provisions of Rule 17d-2 under the Exchange
Act and to file such agreement with the Securities and Exchange
Commission (the ``SEC'' or ``Commission'') for its approval.
    Now, therefore, in consideration of the mutual covenants contained
hereinafter, NASD and ISE hereby agree as follows:
    1. Definitions.
    Unless otherwise defined in this Agreement or the context otherwise
requires, the terms used in this Agreement shall have the same meaning
as they have under the Exchange Act and the rules and regulations
thereunder. As used in this Agreement, the following terms shall have
the following meanings:
    (a) ``ISE Rules'' or ``NASD Rules'' shall mean the rules of the ISE
or NASD, respectively, as the rules of an exchange or association are
defined in Exchange Act Section 3(a)(27).
    (b) ``Common Rules'' shall mean the ISE Rules that are
substantially similar to the applicable NASD Rules in that examination
for compliance with such rules would not require NASD to develop one or
more new examination standards, modules, procedures, or criteria in
order to analyze the application of the rule, or a Dual Member's
activity, conduct, or output in relation to such rule.
    (c) ``Dual Members'' shall mean those ISE members that are also
members of NASD and the associated persons therewith.
    (d) ``Effective Date'' shall have the meaning set forth in
paragraph 14.
    (e) ``Enforcement Responsibilities'' shall mean the conduct of
appropriate proceedings, in accordance with the NASD Code of Procedure
(the Rule 9000 Series) and other applicable NASD procedural rules, to
determine whether violations of pertinent laws, rules or regulations
have occurred, and if such violations are deemed to have occurred, the
imposition of appropriate sanctions as specified under the NASD's Code
of Procedure and sanctions guidelines.
    (f) ``Regulatory Responsibilities'' shall mean the examination
responsibilities and Enforcement Responsibilities relating to
compliance by the Dual Members with the Common Rules and the provisions
of the Exchange Act and the rules and regulations thereunder, and other
applicable laws, rules and regulations, each as set forth on Exhibit 1
attached hereto.
    2. Regulatory and Enforcement Responsibilities.
    NASD shall assume Regulatory Responsibilities and Enforcement
Responsibilities for Dual Members. Attached as Exhibit 1 to this
Agreement and made part hereof, ISE furnished NASD with a current list
of Common Rules and certified to NASD that such rules are substantially
similar to the corresponding NASD rule (the ``Certification''). NASD
hereby agrees that the rules listed in the Certification are Common
Rules as defined in this Agreement. Each year following the Effective
Date of this Agreement, or more frequently if required by changes in
either the rules of ISE or NASD, ISE shall submit an updated list of
Common Rules to NASD for review which shall add ISE rules not included
in the current list of Common Rules that qualify as Common Rules as
defined in this Agreement; delete ISE rules included in the current
list of Common Rules that no longer qualify as Common Rules as defined
in this Agreement; and confirm that the remaining rules on the current
list of Common Rules continue to be ISE rules that qualify as Common
Rules as defined in this Agreement. Within 30 days of receipt of such
updated list, NASD shall confirm in writing whether the rules listed in
any updated list are Common Rules as defined in this Agreement.
Notwithstanding anything herein to the contrary, it is explicitly
understood that the term ``Regulatory Responsibilities'' does not
include, and ISE shall retain full responsibility for (unless otherwise
addressed by separate agreement or rule) the following:

    (a) Surveillance and enforcement with respect to trading activities
or practices involving ISE's own marketplace, including without
limitation ISE's rules relating to the rights and obligations of market
makers;
    (b) registration pursuant to its applicable rules of associated
persons (i.e., registration rules that are not Common Rules);
    (c) discharge of its duties and obligations as a Designated
Examining Authority pursuant to Rule 17d-1 under the Exchange Act; and
    (d) any ISE Rules that are not Common Rules, except for ISE Rules
for any ISE member that operates as a facility (as defined in Section
3(a)(2) of the Exchange Act), acts as an outbound router for the ISE
and is a member of NASD (``Router Member'') as provided in paragraph 6.
As of the date of this Agreement, ISE Route LLC is the only Router
Member.
    3. Dual Members.
    Prior to the Effective Date, ISE shall furnish NASD with a current
list of Dual Members, which shall be updated no less frequently than
once each quarter.
    4. No Charge.
    There shall be no charge to ISE by NASD for performing the
Regulatory Responsibilities and Enforcement Responsibilities under this
Agreement except as hereinafter provided. NASD shall provide ISE with
ninety (90) days advance written notice in the event NASD decides to
impose any charges to ISE for performing the Regulatory
Responsibilities under this Agreement. If NASD determines to impose a
charge, ISE shall have the right at the time of the imposition of such
charge to terminate this Agreement; provided, however, that NASD's
Regulatory Responsibilities under this Agreement shall continue until
the Commission approves the termination of this Agreement.
    5. Reassignment of Regulatory Responsibilities.
    Notwithstanding any provision hereof, this Agreement shall be
subject to any statute, or any rule or order of the Commission, or
industry agreement, restructuring the regulatory framework of the
securities industry or reassigning Regulatory Responsibilities between
self-regulatory organizations. To the extent such action is
inconsistent with this Agreement, such action shall supersede the
provisions hereof to the extent necessary for them to be properly
effectuated and the provisions hereof in that respect shall be null and
void.
    6. Notification of Violations.
    In the event that NASD becomes aware of apparent violations of any
ISE Rules, which are not listed as Common Rules, discovered pursuant to
the performance of the Regulatory Responsibilities assumed hereunder,
NASD shall notify ISE of those apparent violations for such response as
ISE deems appropriate. Apparent violations of all other applicable
rules, including violations of the Common Rules, various securities
acts, and rules and regulations thereunder, shall be processed by, and
enforcement proceedings in respect thereto shall be conducted by NASD
as provided hereinbefore; provided, however, that in the event a Dual
Member is the subject of an investigation relating to a transaction on
the ISE, ISE may in its discretion assume concurrent jurisdiction and
responsibility. With respect to apparent violations of any ISE Rules by
any Router Member, NASD shall not make referrals to ISE pursuant to
this paragraph 6. Such apparent violations shall be processed by, and
enforcement proceedings in respect thereto will be conducted by, NASD
as provided in this Agreement. Each party agrees to make available
promptly all files, records and witnesses necessary to assist the other
in its investigation or proceedings.
    7. Continued Assistance.
    NASD shall make available to ISE all information obtained by NASD
in the performance by it of the Regulatory Responsibilities hereunder
in respect to the Dual Members subject to this Agreement. In
particular, and not in limitation of the foregoing, NASD shall furnish
ISE any information it obtains about Dual Members which reflects
adversely on their financial condition. It is understood that such
information is of an extremely sensitive nature and, accordingly, ISE
acknowledges and agrees to take all reasonable steps to maintain its
confidentiality. ISE shall make available to NASD any information
coming to its attention that reflects adversely on the financial
condition of Dual Members or indicates possible violations of
applicable laws, rules or regulations by such firms.
    8. Dual Member Applications.
    a. Dual Members subject to this Agreement shall be required to
submit, and NASD shall be responsible for processing and acting upon
all applications submitted on behalf of allied persons, partners,
officers, registered personnel and any other person required to be
approved by the rules of both ISE and NASD or associated with Dual
Members thereof. Upon request, NASD shall advise ISE of any changes of
allied members, partners, officers, registered personnel and other
persons required to be approved by the rules of both ISE and NASD.
    b. Dual Members shall be required to send to NASD all letters,
termination notices or other material respecting the individuals listed
in paragraph 8(a).
    c. When as a result of processing such submissions NASD becomes
aware of a statutory disqualification as defined in the Exchange Act
with respect to a Dual Member, NASD shall determine pursuant to
Sections 15A(g) and/or Section 6(c) of the Exchange Act the
acceptability or continued applicability of the person to whom such
disqualification applies and keep ISE advised of its actions in this
regard for such subsequent proceedings as ISE may initiate.
    d. Notwithstanding the foregoing, NASD shall not review the
membership application, reports, filings, fingerprint cards, notices,
or other writings filed to determine if such documentation submitted by
a broker or dealer, or a person associated therewith or other persons
required to register or qualify by examination: (i) Meets the ISE
requirements for general membership or for specified categories of
membership or participation in the ISE, such as (A) Primary Market
Maker Membership (``PMM''); (B) Competitive Market Maker Membership
(``CMM''); (C) Electronic Access Membership (``EAM'') (or any similar
type of ISE membership or participation that is created after this
Agreement is executed); or (ii) meets the ISE requirements to be
associated with, or employed by, an ISE member or participant in any
capacity, such a Designated Trading Representative (``DTR'') (or any
similar type of participation, employment category or title, or
associate-person category or class that is created after this Agreement
is executed). NASD shall not review applications or other documentation
filed to request a change in the rights or status described in this
paragraph 8(d), including termination or limitation on activities, of a
member or a participant of the ISE, or a person associated with, or
requesting association with, a member or participant of the ISE.
    9. Branch Office Information.
    NASD shall also be responsible for processing and, if required,
acting upon all requests for the opening, address changes, and
terminations of branch offices by Dual Members and any other
applications required of Dual Members with respect to the Common Rules
as they may be amended from time to time. NASD shall advise ISE monthly
of the opening, address change and termination of branch and main
offices of Dual Members and the names of such branch office managers.
    10. Customer Complaints.

    ISE shall forward to NASD copies of all customer complaints
involving Dual Members received by ISE relating to NASD's Regulatory
Responsibilities under this Agreement. It shall be NASD's
responsibility to review and take appropriate action in respect to such
complaints.
    11. Advertising.
    NASD shall assume responsibility to review the advertising of Dual
Members subject to the Agreement, provided that such material is filed
with NASD in accordance with NASD's filing procedures and is
accompanied with any applicable filing fees set forth in NASD Rules.
Such review shall be made in accordance with then applicable NASD rules
and interpretations. The advertising of Dual Members shall be subject
only to compliance with appropriate NASD rules and interpretations.
    12. No Restrictions on Regulatory Action.
    Nothing contained in this Agreement shall restrict or in any way
encumber the right of either party to conduct its own independent or
concurrent investigation, examination or enforcement proceeding of or
against Dual Members, as either party, in its sole discretion, shall
deem appropriate or necessary.
    13. Termination.
    This Agreement may be terminated by ISE or NASD at any time upon
the approval of the Commission after one (1) year's written notice to
the other party, except as provided in paragraph 4.
    14. Effective Date.
    This Agreement shall be effective upon approval of the Commission.
    15. Arbitration.
    In the event of a dispute between the parties as to the operation
of this Agreement, ISE and NASD hereby agree that any such dispute
shall be settled by arbitration in Washington, DC in accordance with
the rules of the American Arbitration Association then in effect, or
such other procedures as the parties may mutually agree upon. Judgment
on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction.
    16. Separate Agreement.
    This Agreement is wholly separate from the multiparty Agreement
made pursuant to Rule 17d-2 of the Exchange Act between the American
Stock Exchange LLC, the Boston Stock Exchange, Inc., the Chicago Board
Options Exchange, Inc., the International Securities Exchange LLC, the
National Association of Securities Dealers, Inc., the New York Stock
Exchange, Inc., the Pacific Exchange, Inc., and the Philadelphia Stock
Exchange, Inc. involving the allocation of regulatory responsibilities
with respect to common members for compliance with common rules
relating to the conduct by broker-dealers of accounts for listed
options or index warrants entered into on January 14, 2004, and as may
be amended from time to time.
    17. Notification of Members.
    ISE and NASD shall notify Dual Members of this Agreement after the
Effective Date by means of a uniform joint notice.
    18. Amendment.
    This Agreement may be amended in writing duly approved by each
party. All such amendments must be filed with and approved by the
Commission before they become effective.
    19. Limitation of Liability.
    Neither NASD nor ISE nor any of their respective directors,
governors, officers or employees shall be liable to the other party to
this Agreement for any liability, loss or damage resulting from or
claimed to have resulted from any delays, inaccuracies, errors or
omissions with respect to the provision of Regulatory Responsibilities
as provided hereby or for the failure to provide any such
responsibility, except with respect to such liability, loss or damages
as shall have been suffered by one or the other of NASD or ISE and
caused by the willful misconduct of the other party or their respective
directors, governors, officers or employees. No warranties, express or
implied, are made by NASD or ISE with respect to any of the
responsibilities to be performed by each of them hereunder.
    20. Relief from Responsibility.
    Pursuant to Sections 17(d)(1)(A) and 19(g) of the Exchange Act and
Rule 17d-2 thereunder, NASD and ISE join in requesting the Commission,
upon its approval of this Agreement or any part thereof, to relieve ISE
of any and all responsibilities with respect to matters allocated to
NASD pursuant to this Agreement; provided, however, that this Agreement
shall not be effective until the Effective Date.

Exhibit 1--ISE Certification of Common Rules

    ISE hereby certifies that the requirements contained in the rules
listed below for ISE are identical to, or substantially similar to, the
comparable NASD rules identified.

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              ISE Rule(s)                          NASD Rule(s)
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408. Prevention of the Misuse of         3010(a)(2) Supervision.
 Material, Nonpublic Information.
409. Disciplinary Action...............  3070(a)(1) and (a)(10)
                                          Reporting Requirements.
604. Continuing Education for            1120 Continuing Education
 Registered Persons\*\.                   Requirements.
622. Transfer of Accounts..............  11870 Customer Account Transfer
                                          Contracts.
624. Brokers' Blanket Bonds\*\.........  3020 Fidelity Bonds.
626. Telephone Solicitation\*\.........  2212 Telemarketing.
1400. Maintenance, Retention, and        3110(a) Books and Records--
 Furnishing of Books, Records and Other   Requirements.
 Information.
1407. Market Maker Hedge Exemption from  5100 Short Sale Rule; IM-6130
 Nasdaq Short Sale Rule\*\.               Trade Reporting of Short
                                          Sales.
2114. Doing Business with the Public     2310 Recommendations to
 \1\.                                     Customers (Suitability); 2320
                                          Best Execution and
                                          Interpositioning; 2330
                                          Customers' Securities or
                                          Funds; 2340 Customer Account
                                          Statements; 2341 Margin
                                          Disclosure Statement; 2350
                                          Broker/Dealer Conduct on the
                                          Premises of Financial
                                          Institutions; 2360 Approval
                                          Procedures for Day-Trading
                                          Accounts; 2361 Day-Trading
                                          Risk Disclosure Statement;
                                          2370 Borrowing From or Lending
                                          to Customers.
------------------------------------------------------------------------
\1\ In connection with the approval of ISE Rule 2114, the Commission
  noted that since the ISE is requiring Equity EAMs that do business
  with the public to become members of NASD, those ISE members are
  required to comply with NASD rules that govern the practice of members
  when doing business with the public. The Commission noted that, among
  other things, these members would be obligated to comply with these
  listed NASD Rules. See Securities Exchange Act Release No. 54401
  (September 1, 2006), 71 FR 53483 (September 11, 2006) (SR-ISE-2006-
  53).
* ISE will be responsible for any significant differences between its
  rules and the comparable NASD rule identified, until such time
  amendments to such rule(s) may be approved.

* * * * *

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

    Pursuant to Section 17(d)(1) of the Act \18\ and Rule 17d-2
thereunder,\19\ after February 7, 2007, the Commission may, by written
notice, declare the plan submitted by ISE and NASD, File No. 4-529, to
be effective if the Commission finds that the plan is necessary or
appropriate in the public interest and for the protection of investors,
to foster cooperation and coordination among self-regulatory
organizations, or to remove impediments to and foster the development
of the national market system and a national system for the clearance
and settlement of securities transactions and in conformity with the
factors set forth in Section 17(d) of the Act.
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    \18\ 15 U.S.C. 78q(d)(1).
    \19\ 17 CFR 240.17d-2.
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IV. Solicitation of Comments

    In order to assist the Commission in determining whether to approve
the amended and restated 17d-2 plan and to relieve ISE of the
responsibilities which would be assigned to NASD, interested persons
are invited to submit written data, views, and arguments concerning the
foregoing. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number 4-529 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-529. 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/other.shtml).

Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan 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. Copies of the plan also will be
available for inspection and copying at the principal offices of ISE
and NASD. 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 4-529
and should be submitted on or before February 7, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(34).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-539 Filed 1-16-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Notices]
[Page 51610]
[DOCID:fr30au06-98]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the Record Communications; Public Notice

August 22, 2006.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using

the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.

------------------------------------------------------------------------
           Docket No.             Date received   Presenter or requester
------------------------------------------------------------------------
Prohibited:
    1. ER06-451-000............         8-17-06  Alan McQueen.
Exempt:
    1. CP98-150-006............         8-21-06  Jennifer Kerrigan.
    2. CP06-102-000............         8-21-06  Ken Dupuis.
    3. Project No. 2030-000....          8-8-06  Hon. Bob Westlund.
    4. Project No. 2111-018....         8-21-06  Ann-Ariel Vecchio.
    5. TX06-2-000..............          8-1-06  Hon. Jim Gibbons, Hon.
                                                  Jeff Flake, Hon.
                                                  Barbara Cubin, Hon.
                                                  C.L. ``Butch'' Otter,
                                                  Hon. Michael K.
                                                  Simpson.
------------------------------------------------------------------------

Magalie R. Salas,
Secretary.
 [FR Doc. E6-14385 Filed 8-29-06; 8:45 am]

BILLING CODE 6717-01-P


8. Provide control sufficient to prevent or control pollution of storm water by particles to the degree required to maintain compliance with this permit and water quality standards; 9. Prevent the spillage or loss of fluids, oil, grease, gasoline, etc. from vehicle and equipment maintenance activities and thereby prevent the contamination of storm water from these substances; 10. Prevent or minimize the storm water contact with residual wash down water; 11. Prevent or minimize storm water contact with any other pollutants present at the permittees facility; 12. Designate by position or name the person or persons responsible for the day to day implementation of the BMP; 13. Provide for, at a minimum twice per week inspections, on workdays, of any structures that function to prevent storm water pollution or to remove pollutants from storm water and of the facility in general to ensure that the BMP is continually implemented and effective; 14. Provide for the use and disposal of any material used to absorb spilled fluids that could contaminate storm water; 15. Develop a solvent management plan ( if solvents are used on site). The solvent management plan shall include as a minimum lists of the total organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling; and the procedures for assuring that toxic organics do not routinely spill or leak into the storm water. 16. Provide for the proper disposal of all used oils, hydraulic fluids, solvent degreasing material, stripped paint, etc. in accordance with good management practices and any applicable state or federal regulations; 10. Include a diagram of the facility showing the locations where storm water exits the facility, the locations of any structures or other mechanisms intended to prevent pollution of storm water or to remove pollutants from storm water; and 11. Bear the signature of the plant manager or corporate official.

Colorado Light Industrial COR01000 Standard SWPPP requirements.

Heavy Industrial COR02000 Standard SWPPP requirements.

Kentucky The primary metals general permit requires permittees to develop a BMP plan ( Part IV) which are standard SWPPP requirements.

Minnesota SWPPP requirements are standard requirements. In addition, Section II. B. lists out recommended BMPs for various " material[ s], area[ s], or activit[ ies]."

Missouri Wood Treaters MO R22B000  79 The SWPPP must include the following: ( 1) An assessment of all storm water discharges associated with wood treating operations. This must include a list of potential contaminants and an annual estimate of amounts that will be used in the described activities. ( 2) A listing of Best Management Practices ( BMPs) and a narrative explaining how BMPs will be implemented to control and minimize the amount of potential contaminants that may enter storm water. ( 3) A narrative explaining how RCRA and CERCLA requirements for this type of operation are being met. ( 4) A schedule for implementing the BMPs. ( 5) A schedule for monthly site inspections and a brief written report. The inspections must include observation and evaluation of BMP effectiveness, deficiencies, and corrective measures that will be taken. Deficiencies must be corrected within seven days. Inspection reports must be kept on site with the SWPPP. These must be made available to DNR personnel upon request. ( 6) A provision for designating an individual to be responsible for environmental matters. ( 7) A provision for providing training to all personnel involved in material handling and storage, and housekeeping of maintenance and cleaning areas. Proof of training shall be submitted on request of DNR.

Solid Waste Transfer MO R80H000 No official SWPPP required. General requirements state: 2 All paint, solvents, petroleum products, and petroleum waste products ( see item # 4 on fuels), and storage containers ( such as drums, cans, or cartons) shall be stored so that these materials are not exposed to storm water. Spill prevention, control, and/ or management shall be provided sufficient to prevent any spills of these pollutants from entering waters of the state. Any containment system used to implement this requirement shall be constructed of materials compatible with the substances contained and shall also prevent the contamination of groundwater. 3. Good housekeeping practices shall be maintained on the site to keep solid waste from entering waters of the state. 4. All fueling facilities present on the site shall adhere to applicable federal and state regulations concerning underground storage, above ground storage, and dispensers, including spill prevention, control and counter measures. 5. Substances regulated by federal law under the Resource Conservation and Recovery Act ( RCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA) that are transported, stored, or used for maintenance, cleaning or repair shall be managed according to the provisions of RCRA or CERCLA. 6. An individual shall be designated by the permittee as responsible for environmental matters. Staff of the permitted facility shall inspect, on workdays, any structures that function to prevent pollution of storm water or to remove pollutants from storm water and of the facility in general to ensure that any Best Management Practices are continually implemented and effective. 7. All involved personnel shall be trained in material handling and storage, and housekeeping of maintenance areas. Upon request, proof of training shall be submitted to the Department.

Lumber and Wood ( Primary) MO R22A000 The SWPPP must include the following: ( a) An assessment of all storm water discharges associated with lumber and wood products manufacturing, waste product storage, sawdust piles, vehiclemaintenance ( including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning, or any other activities that are exposed to storm water. This must include a list of potential contaminants and an annual estimate of amounts that will be used in the described activities.  80 ( b) A list of Best Management Practices ( BMP) and a narrative explaining how BMPs will be implemented to control and minimize the amount of potential contaminants that may enter storm water. ( c) A schedule for implementing the BMPs. ( d) The SWPPP must include a schedule for a monthly site inspection and a brief written report. The inspections must include observation and evaluation of BMP effectiveness, deficiencies, and corrective measures that will be taken. Deficiencies must be corrected within seven days. Inspection reports must be kept on site with the SWPPP. These must be made available to DNR personnel upon request. ( e) A provision for designating an individual to be responsible for environmental matters. ( f) A provision for providing training to all personnel involved in material handling and storage, and housekeeping of maintenance and cleaning areas. Proof of training shall be submitted upon request of DNR.

BMPs are suggested as well.

North Carolina NCG130000 Non metal Waste Recycling Industry Standard SWPPP requirements are included in Part II.

NCG080000 Vehicle Maintenance Areas Standard SWPPP requirements are included in Part II plus Locomotive Sanding Area requirements ( for Rail Transportation) and remote fueling areas.

NCG140000 Ready Mix Concrete Facilities Standard SWPPP requirements are included in Part II.

Wisconsin Both heavy and light manufacturers are required to develop a SWPPP using standard requirements.

New Jersey Basic Industrial Storm Water General Permit ( NJ0088315 ( 5G2)) SWPPP requirements are outlined in Attachment B which are standard in addition to the following: ( a) For any industrial storm water discharges through a municipal separate storm sewer system that has a final NJPDES discharge permit, the SPPP shall also require compliance with all applicable requirements of the municipal storm water program developed under that permit. ii. Facilities Subject to SARA Title III, Section 313 Requirements: ( a) The SPPP shall include, or cite the location of, any spill reports prepared under section 313 in Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U. S. C. 9601 et seq. iii. Facilities With SPCC Plans, DPCC Plans, and DCR Plans: ( a) The SPPP shall include, or cite the location( s) of, any Spill Prevention Control and Countermeasure Plan ( SPCC Plan) prepared under 40 CFR 112 and section 311 of the Clean Water Act, 33 U. S. C. 1321; and any discharge prevention, containment and countermeasure plan ( DPCC plan) and discharge cleanup and removal plan ( DCR plan) prepared under N. J. A. C. 7: 1E. iv. Facilities Undergoing Construction: ( a) Whenever construction activities are undertaken at the facility, the SPPP shall be amended, if necessary, so that the SPPP continues to be accurate and to meet the requirements of C. 1 of 021605 Draft  81 this permit. v. ( b) Additionally, for construction activities disturbing less than five ( 5) acres of total land area which is not part of a larger common plan of development or sale, the SPPP shall include proof that any certification or municipal approval required under the Soil Erosion and Sediment Control Act ( N. J. S. A. 4: 24 39 et seq.) has been obtained. vi. ( c) For construction activities disturbing five acres or more of total land area, authorization must be obtained under NJPDES General Permit No. NJ0088323, or under an individual NJPDES permit, for storm water from such construction activities that would discharge to surface water.

Tennessee SWPPP requirements are outlined in Part IV. Requirements are standard except for special requirements for facilities that discharge into 303( d) listed water bodies ( Section F).


Cooling Water Intake Structure ( CWIS) Information Data Required Rig Information Rig Name Henry Goodrich Rig Type Semisubmersible, Total Installed Power Generation Capacity 23,400 HP Number of Cooling Water Intake Structures ( CWISs) 4 Brief description of each CWIS ( e. g., sea chest, simple pipe) Sea Chest Rough dimensions of each CWIS and indicate whether onboard CWIS has an existing flange 7 ft pipe 18" diameter and flanged Screen type ( e. g., strainer, wedge wire) with mesh size Duplex Basket Strainers Total Design Specifications for Daily Maximum Water Intake Volume of each CWIS 6,300,000 gal ( 150,000 bbls)

Total Daily Water Intake Volume of each CWIS ( Set up/ Drilling) 3,150,000 gal ( 75,000 bbls)

Design Specs for Through Screen Velocity of each CWIS ( i. e., Q= V* A) ( Set up/ Drilling) 2.4 ft/ sec List of Purposes of Cooling Water Intakes ( e. g., cool crude oil, produced water, power generators, drill pipe brakes) Power Generation, HPU, Compressors, AC, Refrigeration Winches, Drawworks brake,

List of Purposes of Non cooling Water Intakes ( e. g., fire water, hotel loads) Water Makers, Fire Main, Ballast, Sanitary, Pits,

Total Volume of Water Intake for Ballasting, Duration of the Ballast intake, and the Through Screen Velocity of the Ballast intake 4,620,000 gal ( 110,000 bbls) Duration = time on location 2.4ft/ sec Mitigation Measures for reducing Exotic Species Migration through Ballast water The rig does not carry much ballast water from location to location. It is taken on and dumped at the same location. Mitigation Measures for reducing Impingement and Entrainment of Aquatic Organisms, as well as Bio fouling Prevention Measures Sea chest screens, duplex baskets, Anti Fouling system for trap corrosion ( Aluminum Anode) and Marine Growth ( Copper Anode), in Port and Stbd SW intakes. Is the Rig equipped with a Radiator Cooling System for the Main Engines? No


[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Rules and Regulations]
[Pages 66955-66957]
[FR Doc No: 2022-24200]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0904]
RIN 1625-AA87

Security Zone; Mare Island Dry Dock, Vallejo, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone in
the navigable waters near Mare Island Dry Dock, approximately 100 yards
from any part of the berthing piers in the Mare Island Strait, Vallejo,
CA within the San Francisco Captain of the Port (COTP) zone. The
security zone is necessary to protect the harbors, ports, and
waterfront facilities during the dry dock period of the USS Frank Cable
and associated APL berthing barge. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sector San Francisco.

DATES: This rule is effective without actual notice from November 7,
2022 until August 1, 2023. For the purposes of enforcement, actual
notice will be used from November 2, 2022 until November 7, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0904 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Anthony Solares, Sector San Francisco, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable. The event
will occur before the completion of a comment period, thereby
jeopardizing the security of the harbors, ports, and waterfront
facilities during dry dock period of the USS Frank Cable and associated
APL berthing barge. We must establish this security zone by November 2,
2022.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest because immediate action is needed
to provide for the security of the harbors, ports, and waterfront
facilities, protection of high-ranking government officials, and
mitigation of potential subversive acts.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector San
Francisco (COTP) has determined that the USS Frank Cable and APL
berthing barge will attend Mare Island Dry Dock for an extended period
of time and a fixed security zone is necessary for the duration of the
dry dock period. This area is located adjacent to U.S. navigable waters
in the San Francisco COTP zone. This rule is needed to ensure the
safety of the USS Frank Cable and APL berthing barge crew.

IV. Discussion of the Rule

    This rule establishes a security zone from midnight on November 2,
2022 until midnight on August 1, 2023. The security zone will cover all
navigable waters of the Mare Island Strait, from surface to bottom,
within 100 yards from any part of the berthing piers in the Mare Island
Strait. The duration of the zone is intended to protect the harbors,
ports, and waterfront facilities during the dry dock period of the USS
Frank Cable. No vessel or person will be permitted to enter the
security zone except for authorized support vessels, aircraft, and
support personnel, or other vessels authorized by the COTP or a
designated representative.
    A designated representative means a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel designated by
or assisting the Captain of the Port Sector San Francisco (COTP) in the
enforcement of the security zone. The security zone is closed to all
vessel traffic, except as may be permitted by the COTP or a designated
representative.
    To seek permission to enter, contact the COTP or the COTP's
designated representative by VHF Marine Radio channel 16 or through the
24-hour Command Center at telephone<PHONE_NUMBER>. Those in the
security zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the security zone. Additionally, vessel
traffic can pass safely around the area, and this rule allows to ask
permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments,

because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
security zone established for the duration of the USS Frank Cable dry
dock period in the navigable waters near Mare Island Dry Dock,
approximately 100 yards from any part of the berthing piers in the Mare
Island Strait, Vallejo, It is categorically excluded from further
review under paragraph L60 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-116 to read as follows:

Sec.  165.T11-116   Security Zone; Mare Island Dry Dock, Vallejo, CA.

    (a) Location. The following area is a security zone: all navigable
waters of Mare Island Strait, Vallejo, CA within 100 yards of Mare
Island Dry Dock berthing piers.
    (b) Definitions. As used in this section, a designated
representative means a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector San
Francisco (COTP) in the enforcement of the security zone.
    (c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) The security zone is closed to all vessel traffic, except as
may be permitted by the COTP or a designated representative.
    (3) To seek permission to enter, contact the COTP or the COTP's
designated representative by VHF Marine Radio channel 16 or through the
24-hour Command Center at telephone<PHONE_NUMBER>. Those in the
security zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from midnight
on November 2, 2022 through midnight on August 1, 2023.

    Dated: November 1, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2022-24200 Filed 11-4-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Page 52108]
[FR Doc No: 2012-21149]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Commercial Space Transportation Advisory Committee; Open Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Commercial Space Transportation Advisory Committee
Open Meeting.

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

SUMMARY: Pursuant to Section 10(a)(2) of the Federal Advisory Committee
Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of a
meeting of the Commercial Space Transportation Advisory Committee
(COMSTAC). The meeting will take place on Tuesday, October 9, 2012,
from 8:00 a.m. to 5:00 p.m., and Wednesday, October 10, 2012, from 8:30
a.m. to 2:15 p.m., at the National Housing Center, 1201 15th Street
NW., Washington, DC, 20005. This will be the 56th meeting of the
COMSTAC.
    The proposed agenda for October 9 features meetings of the working
groups as follows:

--Operations (8:00 a.m.-10:00 a.m.)
--Business/Legal (10:00 a.m.-12:00 p.m.)
--Systems (1:00 p.m.-3:00 p.m.)
--Export Controls (3:00 p.m.-5:00 p.m.)

    The proposed agenda for October 10 features:
--Speakers relevant to the commercial space transportation industry;
--Reports and recommendations from the working groups.

    Interested members of the public may submit relevant written
statements for the COMSTAC members to consider under the advisory
process. Statements may concern the issues and agenda items mentioned
above and/or additional issues that may be relevant for the U.S.
commercial space transportation industry. Interested parties wishing to
submit written statements should contact Susan Lender, DFO, (the
Contact Person listed below) in writing (mail or email) by October 1,
2012, so that the information can be made available to COMSTAC members
for their review and consideration before the October 9 and 10, 2012,
meetings. Written statements should be supplied in the following
formats: One hard copy with original signature and/or one electronic
copy via email.
    Subject to approval, a portion of the October 10th meeting will be
closed to the public (starting at approximately 3:00 p.m.).
    An agenda will be posted on the FAA Web site at www.faa.gov/go/ast.
For specific information concerning the times and locations of the
COMSTAC working group meetings, contact the Contact Person listed
below.
    Individuals who plan to attend and need special assistance, such as
sign language interpretation or other reasonable accommodations, should
inform the Contact Person listed below in advance of the meeting.

FOR FURTHER INFORMATION CONTACT: Susan Lender (AST-100), Office of
Commercial Space Transportation (AST), 800 Independence Avenue SW.,
Room 331, Washington, DC 20591, telephone<PHONE_NUMBER>; Email
<EMAIL_ADDRESS>Complete information regarding COMSTAC is
available on the FAA Web site at: http://www.faa.gov/about/office_org/headquarters_offices/ast/advisory_committee/.

    Issued in Washington, DC, August 21, 2012.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2012-21149 Filed 8-27-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Notices]
[Pages 19760-19761]
[FR Doc No: 2020-07318]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0035; FRL-10006-36]

Pyridate; Receipt of Applications for Emergency Exemption,
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received specific exemption requests from the Oregon
and Washington State Departments of Agriculture, Office of the Indiana
State Chemist and the Michigan Department of Agriculture and Rural
Development for the use of pyridate (CAS No. 55512-33-9) for
postemergence control of herbicide-resistant weeds such as redroot
pigweed and other broadleaf weeds to treat up to 5,200 acres of mint
(peppermint and spearmint) in Oregon, 16,000 in Washington, 11,200
acres in Indiana, and 1,250 acres in Michigan. The applicants propose
the use of a pesticide that was voluntarily canceled in 2004 and is now
considered to be unregistered under the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA). This notice is consistent with the
requirements for an unregistered chemical. EPA is soliciting public
comment before making the decision whether to grant these exemptions.

DATES: Comments must be received on or before April 23, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2020-0035, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Director Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. What action is the agency taking?

    Under section 18 of the FIFRA (7 U.S.C. 136p), at the discretion of
the EPA Administrator, a Federal or State agency may be exempted from
any provision of FIFRA if the EPA Administrator determines that
emergency conditions exist which require the exemption. The Oregon
Department of Agriculture (ODA), Washington State Department of
Agriculture (WSDA), Office of the Indiana State Chemist (OISC) and the
Michigan Department of Agriculture and Rural Development (MDARD) have
requested the EPA Administrator to issue specific exemptions for the
use of pyridate on mint for postemergence control of herbicide-
resistant weeds such as redroot pigweed and other broadleaf weeds.
    Information in accordance with 40 CFR part 166 was submitted as
part of these requests. The applicants' submissions, which provide an
explanation of the critical need for the emergency exemptions, as well
as the proposed use pattern can be found in their section 18 emergency
exemption application requests at http://www.regulations.gov, under the
docket number EPA-HQ-OPP-2020-0035.
    This notice does not constitute a decision by EPA on the
applications themselves. The regulations governing FIFRA section 18
require publication of a notice of receipt for the specific exemption
requests submitted by ODA, WSDA, OISC and MDARD because they propose
the use of pyridate, which was voluntarily canceled in 2004 and is now
unregistered under the FIFRA.
    A PRIA section 3 application for this chemical and use is currently
under review. This notice provides an opportunity for public comment on
these applications. The Agency will review and consider all comments
received during the comment period in determining whether to issue the
specific exemptions requested by ODA, WSDA, OISC, and MDARD as well as
any subsequent specific exemption applications submitted by other state
lead agencies.

    Authority: 7 U.S.C. 136 et seq.

    Dated: March 20, 2020.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2020-07318 Filed 4-7-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Proposed Rules]
[Pages 51951-51954]
[FR Doc No: 2012-21211]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0594]
RIN 1625-AA08

Special Local Regulation for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District,
Poquoson Seafood Festival Workboat Races, Back River; Poquoson, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period of special local regulations for one recurring marine event in
the Fifth Coast Guard District. This event is the Poquoson Seafood
Festival Workboat Race, which includes a series of boat races to be
held on the waters of Back River, Poquoson, Virginia. These special
local regulations are necessary to provide for the safety of life on
navigable waters during the events. This action is intended to restrict
vessel traffic during the power boat races on the Back River in the
vicinity of Messick Point, in Poquoson, Virginia.

DATES: Comments and related material must be received by the Coast
Guard on or before September 15, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0594 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Hector Cintron, Waterways Management Division
Chief, Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0594) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0594) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

B. Regulatory History and Information

    This rule involves an annually occurring marine event that takes
place on the 2nd Sunday in October, as published in table to 33 CFR
100.501. The City of Poquoson has requested that the enforcement dates
be changed for this year's event.

C. Basis and Purpose

    The City of Poquoson sponsors an annual workboat race which takes
place on the navigable waters of the Back River in Poquoson, Virginia.
This event occurs in connection with the city's annual seafood
festival. A special local regulation is effective annually to create a
safety zone for the workboat races.
    The regulation listing annual marine events within the Fifth Coast
Guard District and corresponding dates is 33 CFR 100.501. The Table to
Sec.  100.501 identifies marine events by Captain of the Port zone.
This particular marine event is listed in section (c.), line No. 19 of
the table.
    The current regulation described in section (c.) line No. 19 of the
table indicates that the workboat race event should take place this
year on October 7, 2012 (the Second Sunday in October). This regulation
proposes to change the date for the event to take place on September
30, 2012 for this year only.
    A fleet of spectator vessels is expected to gather near the event
site to view the competition. To provide for the safety of the
participants, spectators and other transiting vessels, the Coast Guard
will temporarily restrict vessel traffic in the event area. The
regulated area as described in 33 CFR 100.501 will be enforced from 1
p.m. to 4 p.m. September 30, 2012, or, in the case of inclement
weather, from 1 p.m. to 4

p.m. on October 7, 2012. During this enforcement period, vessels may
not enter or remain in the regulated area unless they receive
permission from the Coast Guard Patrol Commander.

D. Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulation
listed at section (c.) line No. 19 in the Table to Sec.  100.501 and
insert this new temporary regulation at the Table to Sec.  100.501 line
No. 25 in order to reflect the change of date for this year's event.
This change is needed to accommodate the change in date of the annual
Seafood Festival Workboat Race Event. No other portion of the Table to
Sec.  100.501 or other provisions in Sec.  100.501 shall be affected by
this regulation.
    This special local regulation will restrict vessel movement in the
regulated area during the marine event. The regulated area is needed to
control vessel traffic and enhance the safety of participants and
spectators of the Poquoson Seafood Festival Workboat Race. The
regulation will be enforced from 1 p.m. to 4 p.m. on September 30, 2012
or if necessary due to inclement weather from 1 p.m. to 4 p.m. on
October 7, 2012. Except for persons or vessels authorized by the Coast
Guard Patrol Commander, no person or vessel may enter or remain in the
regulated area during the effective period.
    In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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.
    Although this rule prevents traffic from transiting a portion of
certain waterways during specified events, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans. Additionally, this rulemaking does not
change the permanent regulated areas that have been published in 33 CFR
Sec.  100.501, Table to Sec.  100.501.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    The rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this section of the Back River during the event
from 1 p.m. to 4 p.m. on September 30, 2012.
    Although this regulation prevents traffic from transiting a portion
of the Back River during the event, this rule would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This rule would be in effect for only a
limited period. Vessel traffic will be able to transit the regulated
area between heats, when the Coast Guard Patrol Commander deems it is
safe to do so. Before the enforcement period, the Coast Guard will
issue maritime advisories so mariners can adjust their plans
accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

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

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

13. Technical Standards

    This proposed 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves implementation of
regulations within 33 CFR Part 100 that apply to organized marine
events on the navigable waters of the United States that may have
potential for negative impact on the safety or other interest of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, and sail board racing. Under figure 2-1, paragraph (34)(h), of
the Instruction, an environmental analysis checklist and a categorical
exclusion determination will be available in the docket where indicated
under ADDRESSES.

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 proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

    2. In Sec.  100.501, in the Table to Sec.  100.501, temporarily
suspend line (c)19.
    3. In Sec.  100.501, in the Table to Sec.  100.510, add temporary
line 23 to read as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *

                                (C.) Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
     No.                Date                    Event                 Sponsor                  Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
23...........  September 30, 2012 or   Poquoson Seafood        City of Poquoson.....  The waters of the Back
                in the case of          Festival Workboat                              River, Poquoson,
                inclement weather       Races.                                         Virginia, bounded on the
                October 7, 2012.                                                       north by a line drawn
                                                                                along latitude
                                                                                37[deg]06'30'' N, bounded
                                                                                on the south by a line
                                                                                drawn along latitude
                                                                                37[deg]06'15'' N, bounded
                                                                                on the east by a line
                                                                                drawn along longitude
                                                                                076[deg]18'52'' W and
                                                                                bounded on the west by a
                                                                                line drawn along
                                                                                longitude 076[deg]19'30''
                                                                                W.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: August 1, 2012.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-21211 Filed 8-27-12; 8:45 am]
BILLING CODE 9110-04-P