[Federal Register: March 14, 2006 (Volume 71, Number 49)]
[Notices]
[Page 13198-13200]
[DOCID:fr14mr06-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53435; File No. SR-DTC-2006-03]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing of Proposed Rule Change To Amend the Criteria Used To
Place Participants on Surveillance Status

March 7, 2006.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on

February 3, 2006, The Depository Trust Company (``DTC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which items have
been prepared by DTC. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    DTC is seeking to amend the criteria it uses to place participants
on surveillance status.

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

    In its filing with the Commission, DTC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\2\
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    \2\ The Commission has modified the text of the summaries
prepared by DTC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

Overview
    DTC has developed certain criteria for placing participants on
surveillance. Specifically, all broker-dealers from which DTC requires
the submission of FOCUS or FOGS reports and banks from which DTC
requires the submission of CALL reports \3\ are assigned a rating that
is generated by entering financial data of the participant into a risk
evaluation matrix (``Matrix'') that was developed by credit risk
staff.\4\ Those participants with a ``weak'' rating (i.e., deemed to
pose a relatively higher degree of risk to DTC) are placed on an
internal ``watch list'' and are monitored more closely. All
participants that do not fall into the categories of banks and broker-
dealers mentioned above are not currently included in the Matrix
process but are monitored by DTC's credit risk staff using financial
criteria deemed relevant by DTC.\5\
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    \3\ A small number of DTC member banks which submit CALL reports
are not assigned a rating. Because these banks do not make loans and
do not take deposits as part of their business activities, their
CALL reports do not contain information on asset quality and/or
liquidity. Asset quality and liquidity are among the financial
figures used in the Matrix. Since these figures would be zero in the
Matrix for these banks, their Matrix results would not adequately
portray their financial status. DTC has therefore concluded that
these banks do not lend themselves to appropriate analysis using the
Matrix.
    \4\ The Matrix is used by DTC and its affiliated clearing
agencies, the Fixed Income Clearing Corporation (``FICC'') and the
National Securities Clearing Corporation (``NSCC''). In using the
Matrix, credit risk staff uses the financial data of each applicable
DTC participant and the financial data of each applicable member of
FICC and NSCC. In this way, each applicable DTC participant, FICC
member, and NSCC member are rated against each other.
    \5\ DTC will continually evaluate the matrix methodology and its
effectiveness and make such changes as it deems prudent and
practicable within such time frames as it determines to be
appropriate. DTC will update the Commission staff periodically on
its evaluations of the Matrix.
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Procedures
    Credit risk staff approaches its analysis of participants in the
following manner. First, the required information of designated broker-
dealers and banks are entered into the Matrix and a rating for each
participant is generated. Low-rated participants are placed on the
watch list. At this point, credit risk staff may downgrade a particular
participant's rating based on various qualitative factors. For example,
one qualitative factor might be that the participant in question
received a qualified audit opinion on its annual audit. In order for
DTC to protect itself and its other participants, it is important that
credit risk staff maintain the discretion to downgrade a participant's
Matrix rating and thus subject the participant to closer monitoring.
All rated participants, including those on the watch list, are
monitored monthly or quarterly, depending upon the participant's
financial filing frequency, against basic minimum financial
requirements and other parameters.
    All broker-dealer participants included on the watch list are
monitored more closely than those not on the watch list. This means
that they are also monitored for various parameter breaks which may
include but are not limited to such things as a defined decline in
excess net capital over a one month or three month period, a defined
period loss, a defined aggregate indebtedness/net capital ratio, a
defined net capital/aggregate debit items ratio, or a defined net
capital/regulatory net capital ratio. All bank participants included on
the watch list are also monitored more closely for watch list parameter
breaks which may include but are not limited to such things as a
defined quarter loss, a defined decline in equity, a defined tier one
leverage ratio, a defined tier one risk-based capital ratio, and a
defined total risk-based capital ratio.
    Credit risk staff also monitors those participants not included in
the Matrix process using similar criteria.\6\ These criteria include
but are not limited to such things as failure to meet minimum financial
requirements, experiencing a significant decrease in equity, or a
significant loss. This class of participants may be placed on the watch
list based on credit risk staff's analysis of this information. DTC
reserves the right to place a participant on the Watch List for failure
to comply with operational standards and requirements.\7\
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    \6\ Participants that are not included in the Matrix are: the
banks discussed in footnote 3, United States (``U.S.'') branches and
agencies of non-U.S. banks, non-U.S. central securities
depositories, and U.S. government sponsored enterprises.
    \7\ Participants are required to meet the standards of financial
condition, operational capability, and character set forth in DTC
Rule 2 (Participants and Pledgees).
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    DTC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \8\ and the rules and
regulations thereunder applicable to DTC because it will facilitate the
safeguarding of securities and funds which are in its custody or
control or for which it is responsible and in general will protect
investors and the public interest by improving DTC's member
surveillance process.
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    \8\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received from Members, participants or Others

    Written comments have not been solicited with respect to the
proposed rule change, and none have been received.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:

    (A) By order approve such proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-DTC-2006-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-DTC-2006-03. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of DTC and on DTC's
Web site at https://login.dtcc.com/dtcorg/. 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-DTC-2006-03 and should be submitted on
or before April 4, 2006.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-3573 Filed 3-13-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21850-21852]
[FR Doc No: 2020-08288]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10008-37-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support, Environmental Protection Agency
(EPA).

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, the
Office of Inspector General (OIG) is giving notice that it proposes to
modify the point of contact, retention and disposal, system manager and
address, notification procedures, and the inclusion of the new general
routine uses identified per OMB M-17-12 of an existing system of
records, Inspector General Enterprise Management System (IGEMS) Hotline
Module (EPA-30).

DATES: Persons wishing to comment on this system of records notice must
do so by May 20, 2020. New or Modified routine uses for this modified
system of records will be effective May 20, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2011-0349, by one of the following methods:
    Regulations.gov: www.regulations.gov Follow the online instructions
for submitting comments.
    Email<EMAIL_ADDRESS>    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2011-0349. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Controlled Unclassified Information (CUI) or other information for
which disclosure is restricted by statute. Do not submit information
that you consider to be CUI or otherwise protected through
www.regulations.gov. The www.regulations.gov website is an ``anonymous
access'' system for EPA, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. Each agency determines submission requirements within
their own internal processes and standards. EPA has no requirement of
personal information. If you send an email comment directly to the EPA
without going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment. If the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about the EPA's public docket visit the EPA
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the OMS
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave.
NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OMS Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Stephanie Wright, Assistant Inspector
General for Management,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. General Information

    The EPA OIG is giving notice that it intends to modify an existing
system of records. The Inspector General Enterprise Management System
(IGEMS) Hotline Module is modifying its point of contact, retention and
disposal, system manager and address, and notification procedure. This
system facilitates OIG responsibilities under Section 7 of the
Inspector General Act, that is to receive and investigate complaints of
information concerning the possible existence of activities
constituting a violation of law, rules, or regulations, mismanagement,
gross waste of funds, abuse of authority or a substantial and specific
danger to the public health or safety, and the subject of the
complaints. The privacy of individuals is protected through user
authentication and system roles, permissions and privileges. The system
is operated and maintained by the Office of Inspector General, Office
of Management, Information Technology Directorate (OM-ITD).

SYSTEM NAME and NUMBER:
    Inspector General Enterprise Management System (IGEMS) Hotline
Module. EPA-30

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Inspector General, Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460.

SYSTEM MANAGER(S):
    USEPA, Office of Management (Mail code 2410T), 1200 Pennsylvania
Ave. NW, Washington, DC 20460, Attn: Assistant Inspector General for
Management. Tel Number:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>.

AUTHORITY for MAINTENANCE of the SYSTEM:
    Inspector General Act of 1978, 5 U.S.C. app. 3.

PURPOSE(S) OF THE SYSTEM:
    Facilitates OIG's responsibilities under Section 7 of the Inspector
General Act, that is to receive and investigate complaints of
information concerning the possible existence of activities
constituting a violation of law, rules or regulations, mismanagement,
gross waste of funds, abuse of authority or a substantial and specific
danger to the public health or safety, and the subject of the
complaints.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Persons who report information to the Office of Inspector General
(OIG) concerning the possible existence of activities constituting a
violation of law, rules or regulations, mismanagement, gross waste of
funds, abuse of authority, or a substantial and specific danger to the
public health or safety; the subject of the complaints; persons about
whom complaints are made; and possible witnesses identified.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Complainants who report indications of wrongdoing, name and address
of the complainant (except for anonymous complainants), date complaint
received, program area, nature and subject of complaint, any additional
contacts and specific comments provided by the complainant, information
on the OIG disposition of the complaint, including investigative case
number, preliminary inquiry number, dates of referral, reply and
follow-up, status and disposition code of the complaint.

RECORD SOURCE CATEGORIES:
    Complainants who are employees of EPA; employees of other Federal
agencies; employees of state and local agencies; and private citizens.
Records in the system come from complainants through the telephone,
mail, personal interviews, web forms, and email. Complainants are
advised that if they provide contact information, this information may
be used to initiate follow-up communications with the complainant and
may be shared by EPA with appropriate administrative, law enforcement,
and judicial entities engaged in investigating or adjudicating the tip
or complaint.

ROUTINE USES of RECORDS MAINTAINED IN the SYSTEM, INCLUDING CATEGORIES
of USERS and PURPOSES of SUCH USES:
    The following new routine uses apply to this system because the use
of the record is necessary for the efficient conduct of government
operations. The routine uses are related to and compatible with the
original purpose for which the information was collected.
    General routine uses A, B, C, D, E, F, G, H, I, J, and K apply to
this system (73 FR 2245). Records may also be disclosed:
     To appropriate agencies, entities, and persons when (1)
the Agency suspects or has confirmed that there has been a breach of
the system of records, (2) the Agency has determined that as a result
of the suspected or confirmed breach there is a risk of harm to
individuals, the Agency (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the Agency's efforts
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
     To another Federal agency or Federal entity, when the
Agency determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
     To a Federal agency responsible for considering suspension
or debarment action where such record would be relevant to such action.
     To the Department of Justice to obtain its advice on
Freedom of Information Act matters.
     In response to a lawful subpoena issued by a Federal
agency.

POLICIES and PRACTICES for STORAGE of RECORDS:
    In accordance with OIG Records Management Policy, computer records
are maintained in a secure, password protected computer system. Paper
records are maintained in lockable file cabinets. All records are
maintained in secure, access-controlled areas or buildings.

POLICIES and PRACTICES for RETRIEVAL of RECORDS:
    By case number, complainant or subject name, and subject matter.

POLICIES and PRACTICES for RETENTION and DISPOSAL of RECORDS:
    Records stored in this system are subject to EPA Records Schedule
1016, which covers records related to operations and programs of the
EPA and its external business partners that ensure compliance with
applicable laws and regulations and prevent waste, fraud, and abuse.

ADMINISTRATIVE, TECHNICAL, and PHYSICAL SAFEGUARDS:
    Computer records are maintained in a secure, password protected
computer system. Paper records are maintained in lockable file
cabinets. All records are maintained in secure, access-controlled areas
or buildings. The IGEMS Hotline module is restricted to the Hotline
Administrator and the Hotline module

users. It is one of the modules found in IGEMS. IGEMS is accessible to
EPA OIG employees only. It is an internal database accessible by use of
strong passwords, which are renewed on a regular basis and controls to
lock the screen after a set time are enforced.

RECORD ACCESS PROCEDURES:
    To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(k)(2), this system has been exempted from the provisions of the
Privacy Act of 1974 that permit access and correction. However, EPA
may, in its discretion, fully grant individual requests for access and
correction if it determines that the exercise of these rights will not
interfere with an interest that the exemption is intended to protect.
The exemption from access is limited in some instances by law to
information that would reveal the identity of a confidential source.
Requesters will be required to provide adequate identification, such as
a driver's license, employee identification card, or other identifying
document. Additional identification procedures may be required in some
instances.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR part 16.

NOTIFICATION PROCEDURE:
    Requests to determine whether this system of records contains a
record pertaining to you must be sent to the Agency's Privacy Officer.
The address is: U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW (2831T), Washington, DC 20460;<PHONE_NUMBER>; Email:
(privacy@epa.gov).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the
following provisions of the Privacy Act of 1974, subject to the
limitations set forth in that subsection: 5 U.S.C. 552a (c)(3); (d);
(e)(1); (e)(4)(G); (e)(4)(H); and (f)(2) through (5).

HISTORY:
    76 FR 42707--Changing the name of the system from the Office of
Inspector General (OIG) Hotline Allegation System (EPA-30) to the
Inspector General Enterprise Management System (IGEMS) Hotline Module.
    40 CFR part 16--
    Exempt the OIG Hotline Allegation System--EPA/OIG (EPA-30) system
of records from compliance with certain subsections of the Act. This
amendment is made to maintain the efficiency and integrity of OIG
investigations, audits, or referrals that result from complaints
concerning the possible existence of activities constituting a
violation of law, rules, or regulations, mismanagement, gross waste of
funds, abuse of authority, or a substantial and specific danger to the
public health or safety.
    57 FR 36092--Established OIG Hotline Allegation System--EPA/OIG and
is maintained by the EPA Office of Inspector General (OIG).

    Dated: April 15, 2020.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2020-08288 Filed 4-17-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Page 63118]
[FR Doc No: 2014-25008]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2246-063; Project No. 2246-058]

Yuba County Water Agency; Notice of Technical Meeting

    a. Project Name and Number: Yuba River Hydroelectric Project No.
2246
    b. Date and Time of Meeting: October 28, 2014; 9:00 a.m. Pacific
Time
    c. Place: HDR offices, 2379 Gateway Oaks, Suite 200, Sacramento, CA
95833
    d. FERC Contact: Alan Mitchnick<EMAIL_ADDRESS>or (202)
502-6074
    e. Purpose of Meeting: To discuss the Foothills Water Network's
January 30, 2014 request for a modification to Yuba County Water
Agency's Technical Memo 1-2, Channel Morphology Below Englebright, and
the National Marine Fisheries Service's January 30, 2014 request for a
new study, Evaluation of Effects of the Shot Rock in the Englebright
Dam Reach and Associated Impacts to Anadromous Fish and Their Habitats.
    f. A stenographer will record the technical meeting, and meeting
transcripts will be placed into the Commission's public record for the
proceeding.
    g. All local, state, and federal agencies, Indian tribes, and other
interested parties are invited to participate.

    Dated: October 15, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-25008 Filed 10-21-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Proposed Rules]
[Pages 44522-44525]
[FR Doc No: 2012-18455]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0559]
RIN 1625-AA08

Special Local Regulations; 2012 Ironman 70.3 Miami, Biscayne Bay;
Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local
regulation on the waters of Biscayne Bay, east of Bayfront Park, in
Miami, Florida during the 2012 Ironman 70.3 Miami, a triathlon. The
Ironman 70.3 Miami is scheduled to take place on Sunday, October 28,
2012. Approximately 2500 participants are anticipated to participate in
the swim. No spectators are expected to be present during the event.
The special local regulation is necessary to provide for the safety of
the participants, participant vessels, and general public on the
navigable waters of the United States during the event. The special
local regulation would establish an area that will encompass the event
area. Persons and vessels will be prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area unless
authorized by the Captain of the Port Miami or a designated
representative.

DATES: Comments and related material must be received by the Coast
Guard on or before August 29, 2012. Requests for public meetings must
be received by the Coast Guard on or before August 20, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0559 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting

comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2012-0559 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\; by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2012-0559 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 25, 2012 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to provide for the safety of life on navigable waters of the
United States during the Ironman 70.3 Miami.

C. Discussion of Proposed Rule

    On October 28, 2012, Miami Tri Events is sponsoring the Ironman
70.3, a triathlon. The swim portion of the event will be held on the
waters of Biscayne Bay, Miami, Florida. Approximately 2500 participants
are anticipated to participate in the event. No spectator vessels are
expected during the event.
    The proposed rule would establish a special local regulation that
will encompass certain waters of the Intracoastal Waterway and Biscayne
Bay, Miami, Florida. The special local regulation will be enforced 6:45
a.m. until 9:45 a.m. on October 28, 2012. The special local regulation
will establish an area around the event where all persons and vessels,
except those persons and vessels participating in the event, are
prohibited from entering, transiting though, anchoring in, or remaining
within. Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port Miami via telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16. If authorization
to enter, transit through, anchor in, or remain within the event area
is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative. The Coast Guard will provide notice of the
special local regulations by Local Notice to Mariners, Broadcast Notice
to Mariners, and on-scene designated representatives.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

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

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a

substantial number of small entities. This rule may affect the
following entities, some of which may be small entities: the owners or
operators of vessels intending to enter, transit through, anchor in, or
remain within that portion of Intracoastal Waterway and Biscayne Bay
encompassed within the special local regulations from 6:45 a.m. until
9:45 a.m. on October 28, 2012. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this 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. This proposed rule
involves a special local regulation issued in conjunction with a
regatta or marine parade. This rule is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. 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 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

    2. Add a temporary Sec.  100.35T07-0559 to read as follows:

Sec.  100.35T07-0559  Special Local Regulation; Ironman 70.3 Miami,
Biscayne Bay; Miami, FL.

    (a) Regulated Area. The following regulated area is a special local
regulation. All waters of Biscayne Bay located east of Bayfront Park
and encompassed within an imaginary line connecting the following
points: starting

at Point 1 in position 25[deg]46[min]44[sec] N, 080[deg]10[min]59[sec]
W; thence southeast to Point 2 in position 25[deg]46[min]24[sec] N,
080[deg]10[min]44[sec] W; thence southwest to Point 3 in position
25[deg]46[min]18[sec] N, 080[deg]11[min]05[sec] W; thence north to
Point 4 in position 25[deg]46[min]33[sec] N, 080[deg]11[min]05[sec] W;
thence northeast back to origin. All coordinates are North American
Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations.
    (1) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port Miami by telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 6:45 a.m.
until 9:45 a.m. on October 28, 2012.

    Dated: June 20, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-18455 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Proposed Rules]
[Pages 67077-67078]
[FR Doc No: 2013-26912]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0903; Notice No. 25-13-26-SC]

Special Conditions: Airbus, Model A350-900 Series Airplane; Side
Stick Controllers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Airbus Model
A350-900 series airplanes. These airplanes will have a novel or unusual
design feature(s) associated with side stick controllers for pitch and
roll control instead of conventional wheels and columns. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These proposed 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: Send your comments on or before December 23, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0903
using any of the following methods:
     Federal eRegulations Portal: Go to http://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: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the 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: Loran Haworth, FAA, Airplane and
Flight Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile (425) 227-
1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite 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.
    We will consider all comments we receive on or before the closing
date for comments. We may change these proposed special conditions
based on the comments we receive.

Background

    On August 25, 2008, Airbus applied for a type certificate for their
new Model A350-900 series airplane. Later, Airbus requested and the FAA
approved an extension to the application for FAA type certification to
June 28, 2009. The Model A350-900 series has a conventional layout with
twin wing-mounted Rolls-Royce Trent XWB engines. It features a twin
aisle 9-abreast economy class layout, and

accommodates side-by-side placement of LD-3 containers in the cargo
compartment. The basic Airbus Model A350-900 series configuration will
accommodate 315 passengers in a standard two-class arrangement. The
design cruise speed is Mach 0.85 with a Maximum Take-Off Weight of
602,000 lbs. Airbus proposes the Model A350-900 series to be certified
for extended operations (ETOPS) beyond 180 minutes at entry into
service for up to a 420-minute maximum diversion time.
    The Airbus Model A350-900 series airplane, like its predecessors
the A320, A330, A340 and A380, will use side stick controllers for
pitch and roll control. Regulatory requirements pertaining to
conventional wheel and column, such as pilot strength and
controllability, are not directly applicable for the side stick. In
addition, pilot control authority may be uncertain because the side
sticks are not mechanically interconnected as with conventional wheel
and column controls.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17, Airbus
must show that the Model A350-900 series meets the applicable
provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-
128.
    The FAA has determined that Airbus Model A350-900 series airplanes
must comply with the following sections: Sec. Sec.  25.143, 25.145(b),
25.175(b), 25.671, and 25.1329(a).
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Airbus Model A350-900 series
because of a novel or unusual design feature, special conditions are
prescribed under 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 or similar
novel or unusual design feature, the proposed special conditions would
also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and
proposed special conditions, the Airbus Model A350-900 series 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 and
the FAA must issue a finding of regulatory adequacy under section 611
of Public Law 92-574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19,
under Sec.  11.38, and they become part of the type-certification basis
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Airbus Model A350-900 series will incorporate the following
novel or unusual design features: side stick controllers for pitch and
roll control in place of conventional wheels and columns.

Discussion

    Current FAA regulations do not specifically address the use of side
stick controllers for pitch and roll control. The unique features of
the side stick must therefore be demonstrated through flight and
simulator tests to have suitable handling and control characteristics
when considering the following:
    (1) The handling qualities tasks/requirements of the A350 Special
Conditions and other 14 CFR part 25 requirements for stability,
control, and maneuverability, including the effects of turbulence.
    (2) General ergonomics: Arm rest comfort and support, local freedom
of movement, displacement angle suitability, and axis harmony.
    (3) Inadvertent input in turbulence.
    (4) Inadvertent pitch-roll cross talk.
    The Handling Qualities Rating Method (HQRM) of Appendix 5 of the
Flight Test Guide, AC 25-7C, may be used to show compliance.

Applicability

    As discussed above, these proposed special conditions apply to
Airbus Model A350-900 series airplanes. Should Airbus apply later for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the proposed special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the Airbus Model A350-900 series airplanes. It is not a rule of
general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

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

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Airbus Model A350-900 series airplanes in the absence of specific
requirements for side stick controllers:
    1. Pilot strength: In lieu of the ``strength of pilots'' limits
shown in Sec.  25.143(c) for pitch and roll, and in lieu of specific
pitch force requirement of Sec. Sec.  25.145(b) and 25.175(d), it must
be shown that the temporary and maximum prolonged force levels for the
side stick controllers are suitable for all expected operating
conditions and configurations, whether normal or non-normal.
    2. Pilot control authority: The electronic side stick controller
coupling design must provide for corrective and/or overriding control
inputs by either pilot with no unsafe characteristics. Annunciation of
the controller status must be provided, and must not be confusing to
the flight crew.
    3. Pilot control: It must be shown by flight tests that the use of
side stick controllers does not produce unsuitable pilot-in-the-loop
control characteristics when considering precision path control/tasks
and turbulence. In addition, pitch and roll control force and
displacement sensitivity must be compatible, so that normal inputs on
one control axis will not cause significant unintentional inputs on the
other.

    Issued in Renton, Washington, on October 22, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-26912 Filed 11-7-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Page 72512]
[FR Doc No: 2023-23163]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0001]

Notice of Adjustment of Minimum Project Worksheet Amount

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: FEMA gives notice that the minimum Project Worksheet Amount
under the Public Assistance program for disasters and emergencies
declared on or after October 1, 2023, will be increased.

DATES: This adjustment applies to major disasters and emergencies
declared on or after October 1, 2023.

FOR FURTHER INFORMATION CONTACT: Tod Wells, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street SW, Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: 44 CFR 206.202(d)(2) provides that FEMA will
annually adjust the minimum Project Worksheet amount under the Public
Assistance program to reflect changes in the Consumer Price Index for
All Urban Consumers published by the Department of Labor.
    FEMA gives notice of an increase to $3,900 for the minimum amount
that will be approved for any Project Worksheet under the Public
Assistance program for all major disasters and emergencies declared on
or after October 1, 2023.
    FEMA bases the adjustment on an increase in the Consumer Price
Index for All Urban Consumers of 3.7 percent for the 12-month period
that ended in August 2023. This is based on information released by the
Bureau of Labor Statistics at the U.S. Department of Labor on September
13, 2023.

Catalog of Federal Domestic Assistance No. 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters).

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-23163 Filed 10-19-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Rules and Regulations]
[Page 34579]
[FR Doc No: 2022-12175]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0573; FRL-9453-02-R9]

Air Plan Approval; California; Mojave Desert Air Quality
Management District, Placer County Air Pollution Control District;
Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: On May 9, 2022, the Environmental Protection Agency (EPA)
published a final rule in the Federal Register approving revisions to
the Mojave Desert Air Quality Management District (MDAQMD), and Placer
County Air Pollution Control District portions of the California State
Implementation Plan (SIP). In that rulemaking, the EPA inadvertently
included erroneous amendatory instructions codifying the replacement of
the previously approved version of MDAQMD Rule 1115. This document
corrects that error in the final rule's amendatory instructions.

DATES:  This action is effective on June 8, 2022.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, [email protected].

SUPPLEMENTARY INFORMATION: In our final rule published May 9, 2022, the
EPA inadvertently included errors in amendatory instructions that
codified our deletion with replacement of the previously-approved
version of MDAQMD Rule 1115, ``Metal Parts and Products Coating
Operations,'' as amended on January 22, 2018, at 40 CFR
52.220(c)(518)(i)(A)(6). That paragraph of the California SIP already
codifies a similar deletion with replacement for MDAQMD Rule 1114,
``Wood Products Coating Operations.'' This error correction corrects
the amendatory instructions to codify the replacement of the
previously-approved version of MDAQMD Rule 1115 in a new paragraph at
(c)(518)(i)(A)(8).
    In FR Doc. 2022-09726 appearing on page 27527 in the Federal
Register of Monday, May 9, 2022, the following corrections are made:

Sec.  52.220   [Corrected]

0
1. On page 27527, at the top of the third column, instruction 2,
``Section 52.220 is amended by adding paragraphs (c)(193)(i)(A)(4),
(c)(419)(i)(B)(2), (c)(518)(i)(A)(6), and (c)(571) to read as
follows:'' is corrected to read as ``2. Section 52.220 is amended by
adding paragraphs (c)(193)(i)(A)(4), (c)(419)(i)(B)(2),
(c)(518)(i)(A)(8), and (c)(571) to read as follows:''
0
2. On page 27527, at the bottom of the third column, in Sec.  52.220,
redesignate paragraph (c)(518)(i)(A)(6) as paragraph (c)(518)(i)(A)(8).

    Dated: May 31, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-12175 Filed 6-6-22; 8:45 am]
BILLING CODE 6560-50-P


thereafter.              emitted over the
                                                                                standard; and (3)
                                                                                actions to minimize
                                                                                emissions and correct
                                                                                the failure.
Sec.   63.10(b)(2)(iii)..............  Maintenance Records....  Yes....................  .......................
Sec.   63.10(b)(2)(iv)...............  Actions taken to         No, for new or           .......................
                                        minimize emissions       reconstructed sources
                                        during startup,          which commenced
                                        shutdown, and            construction or
                                        malfunction.             reconstruction after
                                                                 February 4, 2019. Yes,
                                                                 for all other affected
                                                                 sources before October
                                                                 13, 2020, and No
                                                                 thereafter.
Sec.   63.10(b)(2)(v)................  Actions taken to         No, for new or           .......................
                                        minimize emissions       reconstructed sources
                                        during startup,          which commenced
                                        shutdown, and            construction or
                                        malfunction.             reconstruction after
                                                                 February 4, 2019. Yes,
                                                                 for all other affected
                                                                 sources before October
                                                                 13, 2020, and No
                                                                 thereafter.
Sec.   63.10(b)(2)(vi)...............  Recordkeeping for CMS    Yes....................  .......................
                                        malfunctions.
Sec.   63.10(b)(2)(vii)-(xi).........  Records for performance  Yes....................  .......................
                                        tests and CMS.

                                                  * * * * * * *
Sec.   63.10(c)(1)-(14)..............  Additional               Yes....................  Applies as modified by
                                        recordkeeping                                     Sec.   63.9005 (d).
                                        requirements for
                                        sources with CMS.
Sec.   63.10(c)(15)..................  Use of Startup,          No, for new or           .......................
                                        Shutdown, and            reconstructed sources
                                        Malfunction Plan.        which commenced
                                                                 construction or
                                                                 reconstruction after
                                                                 February 4, 2019. Yes,
                                                                 for all other affected
                                                                 sources before October
                                                                 13, 2020, and No
                                                                 thereafter.

                                                  * * * * * * *
Sec.   63.10(d)(5)...................  Startup, shutdown, and   No, for new or           See Sec.
                                        malfunction reports.     reconstructed sources    63.9050(c)(5) for
                                                                 which commenced          malfunction reporting
                                                                 construction or          requirements.
                                                                 reconstruction after
                                                                 February 4, 2019. Yes,
                                                                 for all other affected
                                                                 sources before October
                                                                 13, 2020, and No
                                                                 thereafter.

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

[FR Doc. 2020-05853 Filed 4-14-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Notices]
[Pages 45709-45711]
[FR Doc No: 2020-16371]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89389; File No. SR-CBOE-2020-067]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 6.7 Concerning Off-Floor Transfers

July 23, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 17, 2020, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') 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 Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 6.7. The text of the proposed rule change is provided
below.

(additions are italicized; deletions are [bracketed])
* * * * *
    Rules of Cboe Exchange, Inc.
* * * * *

Rule 6.7. Off-Floor Transfers of Positions

    (a)-(c) No change.
    (d) Prior Written Notice. A Trading Permit Holder(s) and its
Clearing Trading Permit Holder(s) (to the extent that the Trading
Permit Holder is not self-clearing) must submit to the Exchange, in a
manner determined by the Exchange, written notice prior to effecting an
off-floor transfer from or to the account(s) of a Trading Permit
Holder(s), except that notification is not required for transfers [to
correct errors]effected pursuant to subparagraph (a)(1) or (a)(2) of
this Rule.
    (1) The notice must indicate (A) the Exchange-listed options
positions to be transferred, (B) the nature of the transaction, (C) the
enumerated provision(s) under paragraph (a) pursuant to which the
positions are being transferred, (D) the name of the counterparty(ies),
(E) the anticipated transfer date, (F) the method for determining the
transfer price under paragraph [(d) below](c) above, and (G) any other
information requested by the Exchange.
* * * * *
    (g) Routine, Recurring Transfers. The off-floor transfer procedure
set forth in this Rule is intended to facilitate non-routine, non-
recurring movements of positions[. The off-floor transfer procedure]
and is not to be used repeatedly or routinely[ in circumvention of the
normal auction market process], except for transfers between accounts
of the same Person pursuant to subparagraph (a)(2). The off-floor
transfer procedure may not be used in circumvention of the normal
auction process.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Rule 6.7 describes exceptions to the prohibition against off-floor
transactions set forth in Rule 5.12, subject to certain conditions. The
exception in Rule 6.7(a)(2) provides that off-floor transfers of
positions are permissible if from one account to another account where
no change in ownership is involved (i.e., accounts of the same
Person),\5\ provided the accounts are not in separate aggregation units
or otherwise subject to information barrier or account segregation
requirements. These transfers are subject to, among other things, the
requirement to submit prior written notice of the transfers to the
Exchange pursuant to paragraph (d) and

the restriction on effecting these transfers repeatedly or routinely.
---------------------------------------------------------------------------

    \5\ Rule 1.1 defines ``Person'' as an individual, partnership
(general or limited), joint stock company, corporation, limited
liability company, trust, or unincorporated organization, or any
governmental entity or agency or political subdivision thereof.
---------------------------------------------------------------------------

    The proposed rule change excepts off-floor position transfers
effected pursuant to Rule 6.7(a)(2) from the prior written notice
requirement in paragraph (d) and from repeated, recurring use
restriction in paragraph (g). Off-floor position transfers pursuant to
Rule 6.7(a)(2) do not involve a change in ownership. In other words,
such transfers may only occur between the same individual or legal
entity. These types of transfers are merely transfers of positions from
one account to another, both of which accounts are attributable to the
same individual or legal entity, and thus the transferred option
positions will continue to be attributable to the same Person. A market
participant effecting an off-floor position transfer pursuant to Rule
6.7(a)(2) is analogous to an individual transferring funds from a
checking account to a savings account, or from an account at one bank
to an account at another bank--the money still belongs to the same
person, who is just holding it in a different account for personal
financial reasons.
    Because there is no change in ownership of positions transferred
pursuant to Rule 6.7(a)(2), the Exchange believes it is appropriate to
permit them to occur as routinely and repeatedly as a market
participant would like. These transfers will continue to be subject to
the prohibition on netting set forth in Rule 6.7(b), and thus may not
result in the closing of any positions. While the off-floor position
transfers permitted by Rule 6.7 were intended to accommodate non-
routine and non-recurring transfers, the Exchange believes permitting
routine, recurring off-floor position transfers that do not result in a
change in ownership or reduction in open interest is consistent with
the purpose of not being used to circumvent the normal auction purpose.
Additionally, given that these transfers may occur on a regular basis
in accordance with a market participants' business needs and
procedures, the Exchange believes prior written notice would be onerous
and would not serve any purpose given the lack of change in ownership
and in open interest. The Exchange believes this will provide market
participants with additional flexibility to structure their option
position accounts as they believe is appropriate and move their
positions between accounts as they deem necessary and appropriate for
their business and trading needs, including for risk management
purposes.
    The proposed rule change also corrects an erroneous cross-reference
in Rule 6.7(d)(1), as the method for determining the transfer price is
in paragraph (c) rather than paragraph (d) of Rule 6.7.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change will
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest because it will provide market
participants with a more efficient process to transfer open positions
between their own accounts in accordance with their own business and
trading needs, including to respond to then-current market conditions.
Because these transfers would not result in a change in ownership or a
reduction in open interest, the Exchange believes the proposed rule
change remains consistent with the purpose of Rule 6.7, which was to
prohibit use of the off-floor transfer procedure in circumvention of
the normal auction process, as the normal auction process involves the
opening or closing of positions through a transaction among multiple
market participants. Market participants may maintain different
accounts for a variety of reasons, such as the structure of their
businesses, the manner in which they trade, their risk management
procedures, and for capital purposes. Given that these transfers may
occur on a regular basis in accordance with a market participants'
business needs and procedures, the Exchange believes prior written
notice would be onerous and would not serve any purpose given the lack
of change in ownership and in open interest. Therefore, the proposed
rule change will benefit investors by permitting market participants to
manage the open positions in their accounts in a manner consistent with
their businesses.
    The Exchange recognizes the numerous benefits of executing options
transactions on an exchange, including price transparency, potential
price improvement, and a clearing guarantee. However, the Exchange
believes it is appropriate to permit position transfers among accounts
of the same individual or legal entity where there is no impact on open
interest to occur off the exchange, as these benefits are inapplicable
to those transfers. These transfers have a narrow scope and are
intended to permit market participants to achieve their own business
needs. These transfers are not intended to be a competitive trading
tool. There is no need for price discovery or improvement, as the
transfer merely moves positions to different accounts for the same
Person and does not open or close any positions. These transfers will
result in no change in ownership. The transactions that resulted in the
open positions to be transferred pursuant to Rule 6.7(a)(2) were
already guaranteed by a clearing member of The Options Clearing
Corporation (``OCC''), and the positions may not be closed pursuant to
the transfer and will continue to be subject to OCC rules, as they will
continue to be held in an account with an OCC clearing member.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed rule change
will apply to all market participants in the same manner. All market
participants will be able to effect off-floor position transfers
pursuant to Rule 6.7(a)(2) on a recurring or routine basis without
providing the Exchange with notice of such transfers. The Exchange does
not

believe the proposed rule change will impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because it relates solely to the notice required
for off-floor transfers that may occur today, and the frequency with
which those transfers may occur. These transfers will continue to not
result in a change in ownership or netting, and thus will have no
impact on outstanding option positions.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
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) of the Act \11\ and Rule 19b-4(f)(6) \12\
thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2020-067 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-CBOE-2020-067. 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 website (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 website 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 the 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-CBOE-2020-067 and should be
submitted on or before August 19, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.

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

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2020-16371 Filed 7-28-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Rules and Regulations]
[Pages 51475-51477]
[FR Doc No: 2012-20832]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0727]
RIN 1625-AA00

Safety Zone; Apache Pier Labor Day Fireworks; Myrtle Beach, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Ocean in the vicinity of Apache Pier in Myrtle
Beach, SC, during the Labor Day fireworks demonstration. This
regulation is necessary to protect life and property on the navigable
waters of the Atlantic Ocean off the coast of Myrtle Beach, SC. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 9 p.m. on September 1, 2012, until
10:15 p.m. on September 2, 2012. This rule will only be enforced on
September 2, 2012, if the event is postponed from September 1, 2012.

ADDRESSES: Documents listed in this preamble are part of docket USCG-
2012-0727. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on the
Open Docket Folder on the line associated with this rulemaking. You may
also visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade John R. Santorum, Sector
Charleston Office of Waterways Management, U.S. Coast Guard; telephone
(843) 740-3188, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory Information

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

information regarding the fireworks displays until July 24, 2012. As a
result, the Coast Guard did not have sufficient time to publish an NPRM
and to receive public comments prior to the fireworks display. Any
delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize
potential danger to the public during the fireworks displays.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the reason stated above. The
Coast Guard will issue a Local Notice to Mariners and Broadcast Notice
to Mariners to advise mariners of the restriction.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect the public from the hazards
associated with the launching of fireworks over navigable waters of the
United States.

C. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under Section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for a maximum
of 1.25 hours on either September 1 or September 2, 2012; (2) vessel
traffic in the area is expected to be minimal during the enforcement
period; (3) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; (4) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Charleston or a designated representative; and
(5) the Coast Guard will provide advance notification of the safety
zone to the local maritime community by Marine Safety Information
Bulletins, Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) This rule would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor within the safety zone from 9 p.m. to 10:15 p.m.
on September 1, 2012.
    (2) For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone
that will be enforced for no more than 1.25 hours. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add a temporary Sec.  165.T07-0727 to read as follows:

Sec.  165.T07-0727  Safety Zone; Apache Pier, Myrtle Beach, SC.

    (a) Regulated Area. The Coast Guard is establishing a temporary
safety zone with a 1000 foot radius around Apache Pier, Myrtle Beach,
SC in approximate position 33[deg]45'41.26'' N, 078[deg]46'47.52'' W.
All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Charleston by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within the regulated
area is granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Charleston
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Effective Date. This rule is effective from 9 p.m. on September
1, 2012, until 10:15 p.m. on September 2, 2012. This rule will only be
enforced on September 2, 2012, if the event is postponed from September
1, 2012.

    Dated: August 12, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-20832 Filed 8-23-12; 8:45 am]
BILLING CODE 9110-04-P