[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Proposed Rules]
[Page 20220-20223]
[DOCID:fr15ap08-23]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0180]
RIN 1625-AA00

Safety Zone; Patapsco River, Northwest and Inner Harbors,
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
upon certain waters of the Patapsco River, Northwest Harbor and Inner
Harbor during the movements of the historic sloop-of-war USS
CONSTELLATION. This action is necessary to provide for the safety of
life on navigable waters during two tows of the vessel in Baltimore,
Maryland; one from its berth at Baltimore's Inner Harbor to a berth at
the South Locust Point Marine Terminal, and the other from the South
Locust Point Marine Terminal to its berth at Baltimore's Inner Harbor.
This action will restrict vessel traffic in portions of the Patapsco
River, Northwest Harbor, and Inner Harbor during these events.

DATES: Comments and related material must reach the Coast Guard on or
before May 30, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0180 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) 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.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways
Management Division, at telephone number<PHONE_NUMBER> or (410) 576-
2693. 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:

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. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0180), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or 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 them 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. We may change this
proposed rule in view of them.

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 at
any time. Enter the docket number for this rulemaking (USCG-2008-0180)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the Commander, U.S. Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Building 70, Waterways Management Division,
Baltimore, Maryland, 21226-1791 between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one 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.

Background and Purpose

    The USS CONSTELLATION Museum is planning to conduct a ceremony in
the Port of Baltimore, Maryland, involving the sloop-of-war USS
CONSTELLATION on Friday, August 8, 2008. Scheduled events include a
four-hour tow of the USS CONSTELLATION beginning at 6 p.m., from its
berth at Pier 1 Inner Harbor to the Locust Point Cruise Ship Terminal
berth at the South Locust Point Marine Terminal, with an onboard salute
with navy pattern cannon while the historic vessel is positioned off
Fort McHenry National Monument and Historic Site. A one-hour return tow
of the CONSTELLATION is scheduled for Sunday, August 10, 2008.
Departure from the Locust Point Cruise Ship Terminal will occur at 7
a.m. and arrival at Pier 1 Inner Harbor at 8 a.m. For both tows, the
historic Sloop-of-War USS CONSTELLATION will be towed ``dead ship,''
which means that the vessel will be underway without the benefit of
mechanical or sail propulsion. While berthed at the Locust Point Cruise
Ship Terminal, the vessel will participate in the commissioning
ceremonies for the U.S. Navy's new Arleigh Burke class Aegis guided
missile destroyer USS STERETT, DDG 104. The Coast Guard anticipates a
large recreational boating fleet during these events, scheduled on a
weekend during the summer in Baltimore, Maryland. Operators should
expect significant vessel congestion along the planned route.
    The purpose of this proposed rule is to promote maritime safety and
protect participants and the boating public in the Port of Baltimore
immediately prior to, during, and after the scheduled event. The
proposed rule will provide for a clear transit route for the
participating vessels, and provide a safety buffer around the
participating vessels while they are in transit. The proposed rule will
impact the movement of all vessels operating upon certain waters of the
Patapsco River, Northwest Harbor and Inner Harbor.

Discussion of Proposed Rule

    The historic sloop-of-war USS CONSTELLATION is scheduled to be
towed ``dead ship'' on August 8, 2008 and on August 10, 2008. The
CONSTELLATION is scheduled to be towed within the Port of Baltimore,
Maryland, from its berth at Pier 1 in Baltimore's Inner Harbor to the
Locust Point Cruise Ship Terminal, at South Locust Point Marine
Terminal, along a one-way, planned route of approximately four nautical
miles, which includes specified waters of the Patapsco River, Northwest
Harbor and Inner Harbor.
    The safety of dead ship tow participants requires that persons and
vessels be kept at a safe distance from the intended route during this
evolution. The Coast Guard proposes to establish a temporary moving
safety zone around the USS CONSTELLATION dead ship tow participants for
all waters within 200 yards ahead of, 100 yards outboard and 100 yards
aft of the historic Sloop-of-War USS CONSTELLATION while operating in
the Inner Harbor, the Northwest Harbor and the Patapsco River on August
8, 2008 and on August 10, 2008, to ensure the safety of participants
and spectators immediately prior to, during, and following the dead
ship tows. Interference with normal port operations will be kept to the
minimum considered necessary to ensure the safety of life on the
navigable waters immediately before, during, and after the scheduled
event.

Regulatory Evaluation

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to operate, remain or anchor within
certain waters of the Patapsco River, Northwest

Harbor and Inner Harbor, in Baltimore, Maryland, from 5 p.m. through 11
p.m. on August 8, 2008 and from 6 a.m. through 11 a.m. on August 10,
2008. Because the zone is of limited size and duration, it is expected
that there will be minimal disruption to the maritime community. Before
the effective period, the Coast Guard will issue maritime advisories
widely available to users of the river and harbors to allow mariners to
make alternative plans for transiting the affected areas. In addition,
smaller vessels not constrained by their draft, which are more likely
to be small entities, may transit around the safety zone.
    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.

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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or<PHONE_NUMBER>. 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.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 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.

Taking of Private Property

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

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.

Protection of Children

    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.

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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

Words of Issuance and Proposed Regulatory Text

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR

1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.

    2. Add Sec.  165.T08-019 to read as follows:

Sec.  165.T08-019  Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD.

    (a) Definitions. For the purposes of this section:
    (1) Captain of the Port, Baltimore, Maryland means the Commander,
Coast Guard Sector Baltimore or any Coast Guard commissioned, warrant,
or petty officer who has been authorized by the Captain of the Port,
Baltimore, Maryland to act on his or her behalf.
    (2) USS CONSTELLATION ``turn-around'' participants means the USS
CONSTELLATION, its support craft and the accompanying towing vessels.
    (b) Location. The following area is a moving safety zone: all
waters within 200 yards ahead of, 100 yards outboard and 100 yards aft
of the historic Sloop-of-War USS CONSTELLATION, surface to bottom,
while operating in the Inner Harbor, the Northwest Harbor and the
Patapsco River.
    (c) Regulations:
    (1) The general regulations governing safety zones, found in Sec.
165.23, apply to the safety zone described in paragraph (b) of this
section.
    (2) With the exception of USS CONSTELLATION ``turn-around''
participants, entry into or remaining in this zone is prohibited,
unless authorized by the Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through the
moving safety zone must first request authorization from the Captain of
the Port, Baltimore, Maryland to seek permission to transit the area.
The Captain of the Port, Baltimore, Maryland can be contacted at
telephone number<PHONE_NUMBER>. The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF Channel 16 (156.8
MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the person or vessel shall proceed as
directed. If permission is granted, all persons or vessels must comply
with the instructions of the Captain of the Port, Baltimore, Maryland,
and proceed at the minimum speed necessary to maintain a safe course
while within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State and local agencies. This
section will be enforced from 5 p.m. through 11 p.m. on August 8, 2008
and from 6 a.m. through 11 a.m. on August 10, 2008.

    Dated: March 21, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
 [FR Doc. E8-7938 Filed 4-14-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12658-12662]
[FR Doc No: 2017-04208]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80125; File No. SR-NYSE-2017-05]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
the Co-Location Services Offered by the Exchange Adding a Wireless
Connection to Toronto Stock Exchange (TSX) Third Party Data

February 28, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on February 15, 2017, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to change the co-location services offered by
the Exchange to include a means for co-located Users to receive the
Toronto Stock Market market data feed through a wireless connection. In
addition, the proposed rule change reflects changes to the Exchange's
Price List related to the proposed service. The proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to change the co-location \4\ services
offered by the Exchange to include a means for Users \5\

to have access to the Toronto Stock Exchange market data feed through a
wireless connection. In addition, the proposed rule change reflects
changes to the Exchange's Price List related to the proposed service.
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    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in 2010. See Securities Exchange Act Release No.
62960 (September 21, 2010), 75 FR 59310 (September 27, 2010) (SR-
NYSE-2010-56). The Exchange operates a data center in Mahwah, New
Jersey (the ``Data Center'') from which it provides co-location
services to Users.
    \5\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities
Exchange Act Release No. 76008 (September 29, 2015), 80 FR 60190
(October 5, 2015) (SR-NYSE-2015-40). As specified in the Price List,
a User that incurs co-location fees for a particular co-location
service pursuant thereto would not be subject to co-location fees
for the same co-location service charged by the Exchange's
affiliates NYSE MKT LLC and NYSE Arca, Inc. See Securities Exchange
Act Release No. 70206 (August 15, 2013), 78 FR 51765 (August 21,
2013) (SR-NYSE-2013-59).
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    The Exchange provides Users with wireless connections to seven
market data feeds or combinations of feeds from third party markets
(the ``Existing Third Party Data'').\6\ The Exchange now proposes to
add to its Price List a new market data feed from the Toronto Stock
Exchange (such feed, ``TSX'' and, together with the Existing Third
Party Data, the ``Third Party Data'').
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    \6\ See Securities Exchange Act Release Nos. 76748 (December 23,
2015), 80 FR 81609 (December 30, 2015) (SR-NYSE-2015-52) (``Wireless
Approval Release''); and 78378 (July 21, 2016), 81 FR 49315 (July
27, 2016) (SR-NYSE-2016-49).
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    Through a new affiliate, the Exchange would provide the proposed
wireless connection to TSX through wireless connections into the
colocation center in the Data Center. The proposed rule change would
become operative when the Exchange acquires such new affiliate (the
``Acquisition''), expected to be no later than June 30, 2017. The
Exchange will announce the date that the wireless connection to the TSX
will be available through a customer notice.
    To receive TSX, the User would enter into a contract with the
Toronto Stock Exchange, which would charge the User the applicable
market data fees for TSX. The Exchange would charge the User fees for
the wireless connection for TSX.\7\
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    \7\ A User would only receive TSX if it had entered into a
contract with the Toronto Stock Exchange.
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    For each wireless connection to TSX, a User would be charged a
$5,000 non-recurring initial charge and a monthly recurring charge
(``MRC'') of $8,500. The Exchange proposes to revise its Price List to
reflect fees related to the connection to TSX.
    As with the Existing Third Party Data, if a User purchased two
wireless connections, it would pay two non-recurring initial charges.
The wireless connection would include the use of one port for
connectivity to TSX. A User would not pay a fee for the use of such
port. However, a User would not be able to use the same port that it
uses for connectivity to TSX to connect to Existing Third Party Data.
Accordingly, a User that connects to both TSX and Existing Third Party
Data would have at least two ports.\8\
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    \8\ If a User purchases a wireless connection to TSX, that
connection would include the use of one port for connectivity to
TSX. If the same User connects to Existing Third Party Data, it
would receive the use of one port for connectivity to the Existing
Third Party Data. It would not be separately charged for such ports.
A User only requires one port to connect to Existing Third Party
Data, irrespective of how many of the wireless connections it
orders. It may purchase additional ports. See Wireless Approval
Release, at 81610.
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    As with the previously approved wireless connections to Third Party
Data, the Exchange proposes to waive the first month's MRC, to allow
Users to test the receipt of TSX for a month before incurring any MRCs.
    The company which the Exchange expects to acquire in the
Acquisition currently provides wireless connections to TSX to customers
who are also Users (the ``Existing Customers''). The Exchange would not
charge such Existing Customers the non-recurring initial charge or
waive the first month's MRC for their wireless connection to TSX.
    The Exchange proposes to offer the wireless connection to provide
Users with an alternative means of connectivity for TSX. For example,
Users may receive connections to TSX from another User, through a
telecommunications provider, or over the internet protocol (``IP'')
network.\9\
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    \9\ The IP network is a local area network available in the data
center. See Securities Exchange Act Release No. 74222 (February 6,
2015), 80 FR 7888 (February 12, 2015) (SR-NYSE-2015-05) (notice of
filing and immediate effectiveness of proposed rule change to
include IP network connections).
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    As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \10\ and
(iii) a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or both of its
affiliates.\11\
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    \10\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies in sending orders
to, and receiving market data from, the Exchange.
    \11\ See SR-NYSE-2013-59, supra note 5 at 51766. The Exchange's
affiliates have also submitted substantially the same proposed rule
change to propose the changes described herein. See SR-NYSEMKT-2017-
09 and SR-NYSEArca-2017-18.
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    The proposed change is not otherwise intended to address any other
issues relating to co-location services and/or related fees, and the
Exchange is not aware of any problems that Users would have in
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\13\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4), (5).
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    The Exchange believes that the proposed service is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers because the wireless connection to TSX would provide Users with
an alternative means of connectivity to TSX. Users that do not opt to
utilize the Exchange's proposed wireless connections would still be
able to obtain TSX through other methods. For example, Users may
receive connections to TSX from another User, through a
telecommunications provider, or over the IP network. Users that opt to
use wireless connections to TSX would receive the TSX that is available
to all Users, as all market participants that contract with Toronto
Stock Exchange for TSX may receive it.
    The Exchange believes that this removes impediments to, and
perfects the mechanisms of, a free and open market and a national
market system and, in general, protects investors and the public
interest because it would provide Users with choices with respect to
the form and optimal latency of the connectivity they use to receive
TSX, allowing a User that opts to receive TSX

to select the connectivity and number of ports that better suit its
needs, helping it tailor its Data Center operations to the requirements
of its business operations.
    The Exchange also believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\14\ in particular, because
it provides for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers or dealers.
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    \14\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed fees changes are consistent
with Section 6(b)(4) of the Act for multiple reasons. The Exchange
operates in a highly competitive market in which exchanges offer co-
location services as a means to facilitate the trading and other market
activities of those market participants who believe that co-location
enhances the efficiency of their operations. Accordingly, fees charged
for co-location services are constrained by the active competition for
the order flow of, and other business from, such market participants.
If a particular exchange charges excessive fees for co-location
services, affected market participants will opt to terminate their co-
location arrangements with that exchange, and adopt a possible range of
alternative strategies, including placing their servers in a physically
proximate location outside the exchange's data center (which could be a
competing exchange), or pursuing strategies less dependent upon the
lower exchange-to-participant latency associated with co-location.
Accordingly, the exchange charging excessive fees would stand to lose
not only co-location revenues but also the liquidity of the formerly
co-located trading firms, which could have additional follow-on effects
on the market share and revenue of the affected exchange.
    The Exchange believes that the proposed change is equitable and not
unfairly discriminatory because it will result in fees being charged
only to Users that voluntarily select to receive the corresponding
services and because those services will be available to all Users.
Furthermore, the Exchange believes that the services and fees proposed
herein are not unfairly discriminatory and are equitably allocated
because, in addition to the services being completely voluntary, they
are available to all Users on an equal basis (i.e., the same products
and services are available to all Users). All Users that voluntarily
select wireless connections to TSX would be charged the same amount for
the same services and would have their first month MRC for wireless
connections waived.
    The Exchange believes that the proposed charges are reasonable,
equitably allocated and not unfairly discriminatory because the
Exchange proposes to offer the wireless connection to TSX described
herein as a convenience to Users, but in order to do so must provide,
maintain and operate the Data Center facility hardware and technology
infrastructure. The Exchange must handle the installation,
administration, monitoring, support and maintenance of such services,
including by responding to any production issues. Since the inception
of co-location, the Exchange has made numerous improvements to the
network hardware and technology infrastructure and has established
additional administrative controls. The Exchange has expanded the
network infrastructure to keep pace with the increased number of
services available to Users. Specifically, in order to offer wireless
connections, the Exchange must install, test, maintain and operate the
wireless equipment.
    The Exchange believes that it is reasonable and not unfairly
discriminatory that a User that has already purchased wireless
connections to other Third Party Data would be charged a non-recurring
charge when it purchases a wireless connection to TSX, because it would
allow the Exchange to defray or cover certain costs it incurs in
installing the wireless connection to TSX, which costs it incurs
irrespective of whether the User has existing wireless connections to
Third Party Data, while providing the User the benefit of the
installation, which would allow it to receive TSX within co-location
and with a lower latency over the fiber optics option. To do the
initial installation, the Exchange must provide the personnel required
for initial installation and testing. The costs associated with
installing wireless connections are incrementally higher than those
associated with installing fiber optics-based solutions.
    The Exchange believes that it is reasonable and not unfairly
discriminatory that an Existing Customer would not be subject to the
non-recurring initial charge, because such User's wireless connection
to TSX would be in place at the time of the Acquisition, and the
Exchange would not have to install the wireless connection.
    The Exchange believes that it is reasonable and not unfairly
discriminatory that a User that connects to both TSX and Existing Third
Party Data may not use the same port for connectivity to both, and so
would have at least two ports, because the proposed wireless connection
would include the use of one port for connectivity to TSX and the
Existing Third Party Data includes the use of one port for connectivity
to Existing Third Party Data. A User would not pay a separate fee for
using such ports.
    The Exchange believes the proposed pricing for the wireless
connection to TSX is reasonable because it would allow the Exchange to
defray or cover the costs associated with offering Users a wireless
connection to TSX while providing Users the benefit of receiving TSX
within co-location and with a lower latency over the fiber optics
option. The wireless connection for TSX allows Users to select the TSX
connectivity option that better suits their needs.
    The Exchange believes that the proposed waiver of the first month's
MRC is reasonable and not unfairly discriminatory as it would allow
Users to test the receipt of TSX for a month before incurring any
monthly recurring fees and may act as an incentive to Users to connect
to TSX. The Exchange believes that it is reasonable and not unfairly
discriminatory that an Existing Customer would not have its first
month's MRC for the wireless connection waived, as such User's wireless
connection to TSX would be in place prior to the Acquisition, and
therefore would not need to be tested. From the perspective of the
Existing Customer, the wireless connection to TSX would continue
without interruption, before and after the Acquisition.
    Moreover, the fees are equitably allocated, reasonable and not
unfairly discriminatory because the wireless connection for TSX would
provide Users with an alternative means of connectivity for TSX. Users
that do not opt to utilize the Exchange's proposed wireless connections
would still be able to obtain TSX through other methods. For example,
Users may receive connections to TSX from another User, through a
telecommunications provider, or over the IP network. Users that opt to
use wireless connections for TSX would receive the TSX that is
available to all Users, as all market participants that contract with
the Toronto Stock Exchange for TSX may receive it.
    For the reasons above, the proposed changes do not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions

established from time to time by the Exchange.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For these reasons, the Exchange believes that the proposed fees are
reasonable, equitable, and not unfairly discriminatory.

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

    In accordance with Section 6(b)(8) of the Act,\15\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because, in addition to the proposed services being
completely voluntary, they are available to all Users on an equal basis
(i.e. the same products and services are available to all Users).
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange believes that allowing Users to receive TSX through a
wireless connection will not impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act
because such access will satisfy User demand for additional options for
connectivity to TSX. The proposed wireless connection to TSX would
compete with fiber optic network connections to TSX, which may be more
attractive to some Users as they are more reliable and less susceptible
to weather conditions. Users that do not opt to utilize the proposed
wireless connection would be able to obtain TSX through other methods,
including, for example, from another User, through a telecommunications
provider, or over the IP network.\16\ In this way, the proposed changes
would enhance competition by helping Users tailor their connectivity
for TSX to the needs of their business operations by allowing them to
select the form and optimal latency of the connectivity they use to
receive TSX that best suits their needs, helping them tailor their Data
Center operations to the requirements of their business operations.
---------------------------------------------------------------------------

    \16\ Currently, at least four third party vendors offer Users
wireless network connections using wireless equipment installed on
towers and buildings near the data center. The Exchange does not
believe that any of such vendors offer Users connections to TSX, but
is not aware of any impediment to a third party wireless network
doing so.
---------------------------------------------------------------------------

    Through an affiliate, the Exchange would provide the proposed
wireless connection to TSX through wireless connections into the co-
location center in the Data Center. The proposed connection to TSX will
not traverse through the pole on the grounds of the Data Center
utilized for the Existing Third Party Data, as the wireless network
utilized for the Existing Third Party Data has exclusive rights to
operate wireless equipment on the Data Center pole.\17\
---------------------------------------------------------------------------

    \17\ The Exchange will not sell rights to third parties to
operate wireless equipment on the Data Center pole due to space
limitations, security concerns, and the interference that would
arise between equipment placed too closely together. In addition to
space issues, there are contractual restrictions on the use of the
roof that the Exchange has determined would not be met if it offered
space on the roof for third party wireless equipment. Moreover,
access to the pole or roof is not required for third parties to
establish wireless networks that can compete with the Exchange's
proposed service, as witnessed by the existing wireless networks
currently serving Users.
---------------------------------------------------------------------------

    Finally, the Exchange operates in a highly competitive market in
which exchanges offer co-location services as a means to facilitate the
trading and other market activities of those market participants who
believe that co-location enhances the efficiency of their operations.
Accordingly, fees charged for co-location services are constrained by
the active competition for the order flow of, and other business from,
such market participants. If a particular exchange charges excessive
fees for co-location services, affected market participants will opt to
terminate their co-location arrangements with that exchange, and adopt
a possible range of alternative strategies, including placing their
servers in a physically proximate location outside the exchange's data
center (which could be a competing exchange), or pursuing strategies
less dependent upon the lower exchange-to-participant latency
associated with co-location. Accordingly, the exchange charging
excessive fees would stand to lose not only co-location revenues but
also the liquidity of the formerly co-located trading firms, which
could have additional follow-on effects on the market share and revenue
of the affected exchange. For the reasons described above, the Exchange
believes that the proposed rule change reflects this competitive
environment.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \18\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\19\ A proposed rule
change filed under Rule 19b-4(f)(6) normally does not become operative
prior to 30 days after the date of filing.\20\ Rule 19b-4(f)(6)(iii),
however, permits the Commission to designate a shorter time if such
action is consistent with the protection of investors and the public
interest.\21\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ Id.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing. The Exchange notes that waiver of the operative delay will
ensure that Existing Customers are able to continue their existing
wireless connectivity to TSX after the Acquisition, without any
cessation of service. The Commission believes that it is consistent
with the protection of investors and the public interest to waive the
30-day operative delay and hereby waives the 30-day operative delay and
designates the proposal operative upon filing.\22\
---------------------------------------------------------------------------

    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) of the Act \23\ to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule

change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2017-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2017-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2017-05, and should be
submitted on or before March 27, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04208 Filed 3-3-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23279-23280]
[FR Doc No: 2013-09076]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4105-DR; Docket ID FEMA-2013-0001]

New Hampshire; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of State of New Hampshire (FEMA-4105-DR), dated
March 19, 2013, and related determinations.

DATES: Effective Date: March 19, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 19, 2013, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of New Hampshire resulting from a severe winter storm and snowstorm
during the period of February 8-10, 2013, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of New Hampshire.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance, including
direct federal assistance, in the designated areas and Hazard
Mitigation throughout the State. You are further authorized to
provide snow

assistance under the Public Assistance program for a limited period
of time during or proximate to the incident period. Consistent with
the requirement that Federal assistance is supplemental, any Federal
funds provided under the Stafford Act for Public Assistance and
Hazard Mitigation will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James N. Russo, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of New Hampshire have been
designated as adversely affected by this major disaster:

    Belknap, Carroll, Cheshire, Hillsborough, Merrimack, Rockingham,
Strafford, and Sullivan Counties for Public Assistance program.
Direct federal assistance is authorized.
    Belknap, Cheshire, Hillsborough, Merrimack, Rockingham,
Strafford, and Sullivan Counties for snow assistance under the
Public Assistance program for any continuous 48-hour period during
or proximate to the incident period.
    Carroll County for snow assistance under the Public Assistance
program for any continuous 72-hour period during or proximate to the
incident period.
    All counties within the State of New Hampshire are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

    (The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-09076 Filed 4-17-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Rules and Regulations]
[Pages 88527-88528]
[FR Doc No: 2023-28201]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1984; Airspace Docket No. 23-ASW-17]
RIN 2120-AA66

Establishment of Class E Airspace; Liberty, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Liberty, TX. The
FAA is taking this action to support new public instrument procedures.

DATES: Effective date 0901 UTC, March 21, 2024. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Raul Garza Jr., Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it establishes Class E airspace extending upward from 700
feet above the surface at Liberty Dayton Regional Medical Center,
Liberty, TX, to support instrument flight rule operations at this
airport.

History

    The FAA published an NPRM for Docket No. FAA 2023-1984 in the
Federal Register on October 18, 2023 (88 FR 71783), proposing to
establish the Class E airspace at Liberty, TX. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.

Incorporation by Reference

    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA
Order JO 7400.11H is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by establishing Class E airspace
upward from 700 feet above the surface within a 6-mile radius of
Liberty Dayton Regional Medical Center, Liberty, TX.
    This action supports new public instrument procedures.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW TX E5 Liberty, TX [Establish]

Liberty Dayton Regional Medical Center, TX
    (Lat. 30[deg]4'10'' N, long. 094[deg]47'56'' W)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of Liberty Dayton Regional Medical Center.
* * * * *

    Issued in Fort Worth, Texas, on December 18, 2023.
Steven Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-28201 Filed 12-21-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Proposed Rules]
[Pages 13522-13525]
[FR Doc No: 2012-5547]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0076]
RIN 1625-AA00

Safety Zone; Baltimore Air Show, Patapsco River, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
during the ``Baltimore Air Show,'' which consists of aerial practices,
performance demonstrations and air shows, to be held over certain
waters of the Patapsco River adjacent to the Fort McHenry National
Monument and Historic Shrine in Baltimore, Maryland from June 14, 2012
through June 17, 2012. This proposed rule is necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to temporarily restrict vessel traffic in portions of the
Patapsco River during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before April 6, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0076 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 Mr. Ronald Houck, Sector Baltimore Waterways
Management Division, 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:

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.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0076), 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 (via 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 via www.regulations.gov, 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0076'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. 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.

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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0076'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

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).

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.

Background and Purpose

    The U.S. Navy History & Heritage Command, Office of Commemorations,
is planning to conduct the ``Baltimore Air Show'' on June 15, 2012,
June 16, 2012 and June 17, 2012. The public event will consist of
military and civilian aircraft performing low-flying, high-speed
precision maneuvers and aerial stunts over specified waters of the
Patapsco River and navigable channels in Baltimore Harbor. In addition
to the air show dates, military and civilian aircraft performing in the
air show will conduct practice and demonstration maneuvers and stunts
over specified waters of the Patapsco River and navigable channels in
Baltimore Harbor on June 14, 2012. A large spectator fleet is
anticipated for the event, as part of the War of 1812 Bicentennial
Commemoration activities. To provide for the safety of participants,
spectators, and transiting vessels, the Coast Guard proposes to
temporarily restrict vessel traffic on specified waters of the Patapsco
River in the vicinity of the practices, demonstrations and air shows.
To address safety concerns during the event, the Captain of the Port,
Baltimore proposes to establish a safety zone upon certain waters of
the Patapsco River. This proposed zone addresses safety concerns
immediately outside the aerobatic show box, including the required
patrols of law enforcement and safety vessels, establishment of
emergency egress routes, and sponsor-designated spectator areas.

Discussion of Proposed Rule

    The Captain of the Port Baltimore is proposing to establish a
temporary safety zone for certain waters of the Patapsco River, located
adjacent to the Fort McHenry National Monument and Historic Shrine in
Baltimore, Maryland. The proposed zone is in the interest of public
safety during the Baltimore Air Show. The proposed zone is located
south of Locust Point, between Port Covington and Seagirt Marine
Terminal, within all waters in the area bounded by a line connecting
position latitude 39[deg]16'00'' N, longitude 076[deg]36'30'' W; thence
to latitude 39[deg]16'00'' N, longitude 076[deg]33'00'' W; thence to
latitude 39[deg]14'30'' N, longitude 076[deg]33'00'' W; thence to
latitude 39[deg]14'30'' N, longitude 076[deg]36'30'' W; thence to the
point of origin. This safety zone will be enforced from 10 a.m. until 6
p.m. each day from June 14, 2012 through June 17, 2012. Within the
proposed safety zone, an aerobatic show box, approximately 12,000 feet
long and 3,000 feet wide, is located within an area bounded by a line
connecting position latitude 39[deg]15'44'' N, longitude
076[deg]35'55'' W; to latitude 39[deg]15'19'' N, longitude
076[deg]33'25'' W; thence to latitude 39[deg]14'49'' N, longitude
076[deg]33'35'' W; thence to latitude 39[deg]15'15'' N, longitude
076[deg]36'04'' W; thence to point of origin. Access to the safety zone
will be restricted during the specified dates and times. Except for
vessels authorized by the Captain of the Port or his designated
representative, no person or vessel may enter or remain in the safety
zone. U.S. Coast Guard vessels will be provided to enforce the safety
zone. The Captain of the Port Baltimore will issue Broadcast Notices to
Mariners to publicize the safety zone and notify the public of changes
in the status of the zone. Such notices will continue until the event
is complete.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

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 that 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 safety
zone restricts vessel traffic through the affected area, the effect of
this regulation will not be significant due to the limited size and
duration that the regulated area will be in effect. In addition,
notifications will be made to the maritime community via marine
information broadcasts so mariners may adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to operate or transit through or within
the safety zone during the enforcement period. The safety zone will not
have a significant economic impact on a substantial number of small
entities for the following reasons. The safety zone is of limited size
and duration. Maritime advisories will be widely available to the
maritime community before the effective period.
    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.

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 so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Mr. Ronald L.
Houck, Coast Guard Sector Baltimore, Waterways Management Division, at
telephone number<PHONE_NUMBER>. 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.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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.

Taking of Private Property

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

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.

Protection of Children

    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.

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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a temporary safety zone. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

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 proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. Add a temporary section, Sec.  165.T05-0076 to read as follows:

Sec.  165-T05-0076  Safety Zone; Baltimore Air Show, Patapsco River,
Baltimore, MD.

    (a) Regulated areas. The following locations are a regulated area:
(1) All waters of the Patapsco River, within an area bounded by a line
connecting position latitude 39[deg]16'00'' N, longitude
076[deg]36'30'' W; thence to latitude 39[deg]16'00'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]36'30'' W; thence to the point of origin, located adjacent to
the Fort McHenry National Monument and Historic Shrine in Baltimore,
Maryland.

    (2) Within the regulated area described in paragraph (a)(1) of this
section, an aerobatic show box is located on all waters of the Patapsco
River, within an area bounded by a line connecting position latitude
39[deg]15'44'' N, longitude 076[deg]35'55'' W; to latitude
39[deg]15'19'' N, longitude 076[deg]33'25'' W; thence to latitude
39[deg]14'49'' N, longitude 076[deg]33'35'' W; thence to latitude
39[deg]15'15'' N, longitude 076[deg]36'04'' W; thence to point of
origin. All coordinates reference Datum NAD 1983.
    (b) Definitions: As used in this section: (1) Captain of the Port
Baltimore means the Commander, U.S. Coast Guard Sector Baltimore,
Maryland.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (c) Regulations: The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05.0076. (1) All persons are required to comply with the
general regulations governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. All
vessels underway within this safety zone at the time it is implemented
are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must
first request authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number<PHONE_NUMBER> or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing
this section can be contacted on Marine Band Radio, VHF-FM channel 16
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
lights, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Baltimore or his
designated representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (d) Enforcement periods: This section will be enforced from 10 a.m.
until 6 p.m. on June 14, 2012, from 10 a.m. until 6 p.m. on June 15,
2012, from 10 a.m. until 6 p.m. on June 16, 2012, and from 10 a.m.
until 6 p.m. on June 17, 2012.

    Dated: February 23, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-5547 Filed 3-6-12; 8:45 am]
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