[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30973-30975]
[FR Doc No: 2017-14029]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0481]
RIN 1625-AA00

Safety Zone; Cleveland Metroparks 100 Year Anniversary Fireworks
Display; Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Lake Erie at Edgewater Park, Cleveland, OH. This
safety zone is intended to restrict vessels from a portion of Lake Erie
during the Cleveland Metroparks 100 Year Anniversary fireworks display.
This temporary safety zone is necessary to protect personnel, vessels,
and the marine environment from the potential hazards associated with a
fireworks display. Entry of vessels or persons into this zone is
prohibited unless

specifically authorized by the Captain of the Port Sector Buffalo.

DATES: This rule is effective from 9:25 p.m. through 10:25 p.m. on July
22, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0481 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor did not submit
notice to the Coast Guard with sufficient time remaining before the
event to publish an NPRM. Thus, delaying the effective date of this
rule to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a maritime
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo, NY (COTP) has determined that
potential hazards associated with vessels in the vicinity of firework
displays on July 22, 2017 will be a safety concern for vessels and
spectators within a 700 foot radius of the launch point of the
fireworks. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the fireworks display is happening.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:25 p.m. through 10:25
p.m. on July 22, 2017. The safety zone will cover all navigable waters
within 700 feet of the launch point of the fireworks display. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. Entry into,
transiting, or anchoring within the safety zone is prohibited unless
authorized by the Captain of the Port Buffalo or his designated on-
scene representative. The Captain of the Port or his designated on-
scene representative may be contacted via VHF Channel 16.

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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
    Executive Order 13771 (``Reducing Regulation and Controlling
Regulatory Costs''), directs agencies to reduce regulation and control
regulatory costs and provides that ``for every one new regulation
issued, at least two prior regulations be identified for elimination,
and that the cost of planned regulations be prudently managed and
controlled through a budgeting process.''
    This rule has not been designated a ``significant regulatory
action,'' under Executive Order 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

B. Impact on Small Entities

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

responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting one hour that will prohibit entry
within 700 feet of the launch area for the fireworks display. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated in the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0481 to read as follows:

Sec.  165.T09-0481  Safety Zone; Cleveland Metroparks 100 Year
Anniversary Fireworks Display; Lake Erie, Cleveland, OH.

    (a) Location. This zone will encompass all U.S. waterways within a
700 foot radius of the fireworks launch site located at position
41[deg]29'32.61'' N., 081[deg]44'37.69'' W., Cleveland, OH (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective
and will be enforced on July 22, 2017 from 9:25 p.m. until 10:25 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 27, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14029 Filed 7-3-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40083-40085]
[FR Doc No: 2021-15845]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0010]

Beryllium Standards for General Industry; Extension for the
Office of Management and Budget's (OMB) Approval of the Information
Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits comments concerning the proposal to extend the
Office of Management and Budget's (OMB) approval of the information
collection requirements contained in the Beryllium Standards for
General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by
September 24, 2021.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2019-0010) for the Information Collection Request
(ICR). All comments, including any personal information you provide
such as social security numbers and date of birth, are placed in the
public docket without change, and may be made available online at
http://www.regulations.gov. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the

causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657).
    This ICR is based on the 2017 final rule for Beryllium which
includes general industry, construction, and maritime. Subsequently,
the agency has proposed revisions to the beryllium standards. OSHA
proposed revisions to the beryllium general industry standard in
December 2018 (83 FR 63746) titled ``Occupational Exposure to Beryllium
in General Industry,'' and to the beryllium construction and shipyard
standards in October 2019 (84 FR 53902) titled ``Occupational Exposure
to Beryllium in Construction and Shipyard Sectors.'' The agency is
planning to finalize the beryllium standards in two separate
rulemakings in the coming months. The modification and update of these
beryllium standards will clarify the provisions contained in the 2017
general industry standard and will better tailor the construction and
shipyard standards to address the particular operations in these
sectors involving exposure to beryllium. These two beryllium final
rules contain information collection requirements that will have an
impact on this ICR when they are published.
    The information collection requirements specified by the beryllium
standards for general industry helps protect workers from harmful
elements when exposed to permissible exposure limits of beryllium and
beryllium compounds in the workplace. The information collection
requirements in the 2017 Standards involve the following elements of
the standard.
    Paragraph (d)(2) contains the performance options where the
employer must assess the 8-hour TWA exposure and the 15-minute short-
term exposure for each employee on the basis of any combination of air
monitoring data and objective data sufficient to accurately
characterize airborne exposure to beryllium. Employers do not have to
conduct initial exposure monitoring if they rely on objective data that
would satisfy the exposure assessment requirements contained in this
standard. Paragraph (d)(3) says the employer must perform initial
monitoring to assess the 8-hour TWA exposure for each employee on the
basis of one or more personal breathing zone air samples that reflect
the airborne exposure of employees on each shift, for each job
classification, and in each work area and the employer is required to
do periodic monitoring when the most recent exposure monitoring
indicates that airborne exposure is at or above the action level but at
or below the TWA PEL, the employer must repeat such monitoring within
six months of the most recent monitoring. Paragraph (d)(4) requires the
employer to reassess airborne exposure whenever a change in the
production, process, control equipment, personnel, or work practices
may reasonably be expected to result in new or additional airborne
exposure at or above the action level or STEL, or when the employer has
any reason to believe that new or additional airborne exposure at or
above the action level or STEL has occurred.
    In paragraph (f)(1)(i) the employer is required to establish,
implement, and maintain a written exposure control plan and what
information and procedures are included in the plan. Paragraph
(f)(1)(ii) requires the employer to review and evaluate the
effectiveness of each written exposure control plan at least annually
and update it, as necessary. Also, in paragraph (f)(1)(iii) the
employer must make a copy of the written exposure control plan
accessible to each employee who is, or can reasonably be expected to
be, exposed to airborne beryllium in accordance with OSHA's Access to
Employee Exposure and Medical Records (Records Access) standard (29 CFR
1910.1020(e)).
    Paragraph (g)(2) requires the employer to provide respiratory
protection for the selection and use of respirators, medical
evaluations of employees required to use respirators, respirator fit
testing procedures for tight-fitting respirators and procedures for
proper use of respirators in routine and reasonably foreseeable
emergency situations.
    Paragraph (h)(3)(iii) requires the employer to inform in writing
the persons or the business entities who launder, clean, or repair the
personal protective clothing or equipment required by this standard of
the potentially harmful effects of airborne exposure to and dermal
contact with beryllium and that the personal protective clothing and
equipment must be handled in accordance with this standard. This
provision is intended to reduce exposure to beryllium for employees
handling beryllium-contaminated materials by providing employers and
employees handling these materials the information necessary to protect
employees from beryllium exposure.
    Under paragraph (k)(1) the employer is required to make medical
surveillance available at no cost to the employee, and at a reasonable
time and place, to each employee who: (A) Is reasonably expected to be
exposed at or above the action level for more than 30 days per year;
(B) shows signs or symptoms of chronic beryllium disease (CBD) or other
beryllium-related health effects; (C) is exposed to beryllium during an
emergency; or (D) most recent written medical opinion required by
paragraph (k)(6) or (k)(7) recommends periodic medical surveillance.
    In paragraph (k)(5) of medical surveillance, the employer is
required to ensure that the employee receives a written medical report
from the licensed physician within 45 days of the examination
(including any follow-up beryllium lymphocyte proliferation test
(BeLPT) required under paragraph (k)(3)(ii)(E) of this standard) and
that the physician or other licensed health care professional (PLHCP)
explains the results of the examination to the employee. The
requirement for a written medical report ensures that the employee
receives a record of all findings. In paragraph (k)(6) of medical
surveillance the employer is required to obtain a written medical
opinion from the licensed physician within 45 days of the medical
examination and what must be contained in the written medical opinion.
Under paragraph (k)(7) of medical surveillance, when being referred to
the CBD Diagnostic Center, the employer is required to provide an
evaluation at no cost to the employee at a CBD diagnostic center that
is mutually agreed upon by the employer and the employee. The
examination must be provided within 30 days of: (A) The employer's
receipt of a physician's written medical opinion to the employer that
recommends referral to a CBD diagnostic center; or (B) the employee
presenting to the employer a physician's written medical report
indicating that the employee has been confirmed positive or diagnosed
with CBD, or recommending referral to a CBD diagnostic center. The
employer must ensure that the employee receives all written medical
reports from the CBD diagnostic center that contains all the
information required in paragraph (k)(5)(i), (ii), (iv), and (v) and
that the PLHCP explains the results of the examination to the employee
within 30 days of the examination. Also, the employer is require to
obtain a written medical opinion from the CBD diagnostic center within
30 days of the medical examination and ensure that each employee
receives a copy of the written medical opinion from the CBD diagnostic
center within 30 days of any medical examination performed for that
employee.
    In paragraph (m)(2) the employer is required to post warning signs
at each approach to a regulated area. Paragraph (m)(3) requires the
employer to label each bag and container of clothing,

equipment, and materials contaminated with beryllium.
    In paragraph (m)(4)(iv) the employer is required to make a copy of
this standard and its appendices readily available at no cost to each
employee and designated employee representative(s).
    Under paragraph (n) recordkeeping, the employer is required to make
and maintain records for the air monitoring data, objective data,
medical surveillance, and training. Access to these records must be
made available upon request for examination and copying to the
Assistant Secretary, the Director, each employee, and each employee's
designated representative(s) in accordance the Records Access standard
(29 CFR 1910.1020).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting a program change decrease from 194,261 hours to
82,822 hours, a difference of 111,439 hours in the burden. This is a
revision to the currently approved Beryllium Information Collections
for the general industry (29 CFR part 1910.1024) by removing those
collection of information requirements contained in the construction
and shipyard sectors from this ICR. OSHA is proposing that the burden
hours and cost for maintenance and material remain the same. The agency
will summarize the comments submitted in response to this notice and
will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Beryllium Standards for General Industry (29 CFR part
1910.1024).
    OMB Number: 1218-0267.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Number of Respondents: 4,538.
    Frequency of Response: On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 82,822.
    Estimated Cost (Operation and Maintenance): $18,741,540.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2019-0010). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the agency can attach them
to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>)
for information about materials not available through the website, and
for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on July 19, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-15845 Filed 7-23-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Pages 57273-57274]
[FR Doc No: 2020-20255]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89795; File No. SR-CboeBZX-2020-003]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Withdrawal of a Proposed Rule Change, as Modified by Amendment No. 3,
To List and Trade Shares of the -1x Short VIX Futures ETF Under BZX
Rule 14.11(f)(4), Trust Issued Receipts

September 9, 2020.
    On January 3, 2020, Cboe BZX Exchange, Inc. (``BZX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares of the -1x Short VIX
Futures ETF, a series of VS Trust, under BZX Rule 14.11(f)(4) (Trust
Issued Receipts). The proposed rule change was published for comment in
the Federal Register on January 23, 2020.\3\ On February 25, 2020,
pursuant to Section 19(b)(2) of the Act,\4\ the Commission designated a
longer period within which to approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule change.\5\ On March
24,

2020, the Exchange filed Amendment No. 1 to the proposed rule change,
which replaced and superseded the proposed rule change as originally
filed.\6\ On April 13, 2020, the Exchange filed Amendment No. 2 to the
proposed rule change, which replaced and superseded the proposed rule
change, as modified by Amendment No. 1.\7\ On April 22, 2020, the
Commission noticed Amendment No. 2 to the proposed rule change and
instituted proceedings pursuant to Section 19(b)(2)(B) of the Act \8\
to determine whether to approve or disapprove the proposed rule change,
as modified by Amendment No. 2.\9\ On July 13, 2020, the Commission
designated a longer period within which to issue an order approving or
disapproving the proposed rule change, as modified by Amendment No.
2.\10\ On July 31, 2020, the Exchange filed Amendment No. 3 to the
proposed rule change, which replaced and superseded the proposed rule
change, as modified by Amendment No. 2.\11\ On September 4, 2020, the
Exchange withdrew the proposed rule change (SR-CboeBZX-2020-003).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87992 (January 16,
2020), 85 FR 4023. Comments on the proposed rule change are
available at: https://www.sec.gov/comments/sr-cboebzx-2020-003/srcboebzx2020003.htm.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 88276, 85 FR 12353
(March 2, 2020). The Commission designated April 22, 2020 as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ Amendment No. 1 is available at: https://www.sec.gov/comments/sr-cboebzx-2020-003/srcboebzx2020003-6993242-214730.pdf.
    \7\ Amendment No. 2 is available at: https://www.sec.gov/comments/sr-cboebzx-2020-003/srcboebzx2020003-7098109-215773.pdf.
    \8\ 15 U.S.C. 78s(b)(2)(B).
    \9\ See Securities Exchange Act Release No. 88726, 85 FR 23581
(April 28, 2020).
    \10\ See Securities Exchange Act Release No. 89304, 85 FR 43622
(July 17, 2020). The Commission designated September 19, 2020, as
the date by which the Commission shall either approve or disapprove
the proposed rule change.
    \11\ Amendment No. 3 is available at: https://www.sec.gov/comments/sr-cboebzx-2020-003/srcboebzx2020003-7570097-222225.pdf.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-20255 Filed 9-14-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57072-57073]
[FR Doc No: 2014-22649]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-546-000]

Gulf Coast Synthetic Energy Center, LLC; Notice of Application

    Take notice that on September 2, 2014, Gulf Coast Synthetic Energy
Center (Gulf Coast), LLC, 10877 Wilshire Boulevard, Suite 1000, Los
Angeles, California 90024, filed in Docket No. CP14-546-000 an
application pursuant to section 7(b) of the Natural Gas Act (NGA)
requesting authorization to abandon its pipeline facilities located in
Tensas and Concordia Parishes, Louisiana; and Adams County, Mississippi
and its Part 157, Subpart F blanket certificate issued under Docket No.
CP08-415-000, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. The filing
may also be viewed on the web 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 TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to M.
Benjamin Machlis, Attorney, Holland & Hart LLP, 222 South Main St.,
Suite 2200, Salt Lake City, UT 84101 at<PHONE_NUMBER>.
    Specifically, Gulf Coast proposes to abandon approximately 17.83
miles of 6\5/8\ inch diameter pipeline, a 1,000 feet of 6 inch diameter
pipeline lateral, a 200 horsepower compressor station, and appurtenant
facilities, including a crossing of the Mississippi River.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either complete
its environmental assessment (EA) and place it into the Commission's
public record (eLibrary) for this proceeding; or issue a Notice of
Schedule for Environmental Review. If a Notice of Schedule for
Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit original and 7 copies of filings made with the Commission and
must mail a copy to the applicant and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the

Commission) and will not have the right to seek court review of the
Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: October 7, 2014.

    Dated: September 16, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-22649 Filed 9-23-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8143-8145]
[FR Doc No: 2022-03025]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-0628; Special Conditions No. 25-802-SC]

Special Conditions: Dassault Aviation Model Falcon 6X Airplane;
Flight-Envelope Protection: General Limiting Requirements

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Dassault Aviation
(Dassault) Model Falcon 6X airplane. This airplane will have a novel or
unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport category
airplanes. This design feature is a new control architecture and a full
digital flight control system that provides comprehensive flight-
envelope protections. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: This action is effective on Dassault on February 14, 2022. Send
comments on or before March 31, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2021-0628 using
any of the following methods:
     Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in title 14, Code of Federal Regulations (14 CFR)

11.35, the FAA will post all comments received without change to
https://www.regulations.gov/, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about these special conditions.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to these special
conditions contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to these special conditions, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and the indicated comments will not be placed in the public
docket of these special conditions. Send submissions containing CBI to
the Information Contact below. Comments the FAA receives, which are not
specifically designated as CBI, will be placed in the public docket for
these special conditions.
    Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Troy Brown, Performance and
Environment Section, AIR-625, Technical Innovation Policy Branch,
Policy and Innovation Division, Aircraft Certification Service, Federal
Aviation Administration, 1801 S Airport Rd., Wichita, KS 67209-2190;
telephone and fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to Sec.  11.38(b), that new comments
are unlikely, and notice and comment prior to this publication are
unnecessary.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On July 1, 2012, Dassault applied for a type certificate for its
new Model Falcon 5X airplane. However, Dassault has decided not to
release an airplane under the model designation Falcon 5X, instead
choosing to change that model designation to Falcon 6X.
    In February of 2018, due to engine supplier issues, Dassault
extended the type certificate application date for its Model Falcon 5X
airplane under new Model Falcon 6X. This airplane is a twin-engine
business jet with seating for 19 passengers, and has a maximum takeoff
weight of 77,460 pounds.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Dassault must show that the
Model Falcon 6X airplane meets the applicable provisions of part 25, as
amended by amendments 25-1 through 25-146.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Dassault Model Falcon 6X airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Dassault Model Falcon 6X airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Dassault Model Falcon 6X airplane will incorporate the
following novel or unusual design features:
    New control architecture and a full digital flight control system
that provides comprehensive flight-envelope protections.

Discussion

    The applicable airworthiness regulation is Sec.  25.143. The
purpose of Sec.  25.143 is to verify that operational maneuvers
conducted within the operational envelope can be accomplished smoothly
with average piloting skill and without exceeding structural limits.
The pilot should be able to predict the airplane response to any
control input. During the course of the flight-test program, the pilot
determines compliance with Sec.  25.143 primarily through qualitative
methods. During flight test, the pilot should evaluate all of the
following:
     The interface between each protection function;
     Transitions from one mode to another;
     Airplane response to intentional dynamic maneuvering,
whenever applicable, through dedicated maneuvers;
     General controllability assessment;
     High-speed characteristics; and
     High angle-of-attack.
    However, the regulations do not adequately ensure that the novel or
unusual features of the electronic flight control system will have a
level of safety equivalent to that of existing standards. The general
limiting requirements are necessary to ensure a smooth transition from
normal flight to the protection mode and adequate maneuver capability.
The general limiting requirements also ensure that the structural
limits of the airplane are not exceeded. Furthermore, failure of the
flight-envelope protection feature must not create hazardous flight
conditions.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Dassault Model Falcon 6X airplane. Should Dassault apply at a later
date for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Dassault Aviation Model Falcon 6X
airplanes.

General Limiting Requirements

    a. Onset characteristics of each flight-envelope protection feature
must be smooth, appropriate to the phase of flight and type of
maneuver, and not in conflict with the ability of the pilot to
satisfactorily change airplane flight path, speed, or attitude as
needed.
    b. Limit values of protected flight parameters (and, if applicable,
associated warning thresholds) must be compatible with the following:
    1. Airplane structural limits,
    2. Required safe and controllable maneuvering of the airplane, and
    3. Margins to critical conditions. Unsafe flight characteristics/
conditions must not result if dynamic maneuvering, airframe, and system
tolerances (both manufacturing and inservice), and non-steady
atmospheric conditions, in any appropriate combination and phase of
flight, can produce a limited flight parameter beyond the nominal
design limit value.
    c. The airplane must be responsive to intentional dynamic
maneuvering to within a suitable range of the parameter limit. Dynamic
characteristics such as damping and overshoot must also be appropriate
for the flight-maneuver and limit parameter in question.
    d. When simultaneous envelope limiting is engaged, adverse coupling
or adverse priority must not result.

Failure States

    a. Electronic flight-control system (EFCS) failures, including
sensors, must not result in a condition where a parameter is limited to
such a reduced value that safe and controllable maneuvering is no
longer available.
    b. The crew must be alerted by suitable means if any change in
envelope limiting or maneuverability is produced by single or multiple
failures of the EFCS not shown to be extremely improbable.

    Issued in Kansas City, Missouri, on February 8, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-03025 Filed 2-11-22; 8:45 am]
BILLING CODE 4910-13-P