[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Proposed Rules]
[Pages 60354-60355]
[FR Doc No: 2019-24346]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0785; Airspace Docket No. 19-AEA-14]

Proposed Revocation of Class E Airspace; Grundy, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove Class E airspace at Grundy, VA,
as Grundy Municipal Airport has been abandoned, and controlled airspace
is no longer required. This action would enhance the safety and
management of controlled airspace within the national airspace system.

DATES: Comments must be received on or before December 23, 2019.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; Telephone:
(800) 647-5527, or<PHONE_NUMBER>.You must identify the Docket No. FAA-
2019-0785; Airspace Docket No. 19-AEA-14, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC, 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave, College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed rulemaking is promulgated under the authority
described in Subtitle VII, part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would

remove Class E airspace extending upward from 700 feet above the
surface at Grundy Municipal Airport, Grundy, VA, due to the closing of
the airport.

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2019-0785 and Airspace Docket No. 19-AEA-14) and be submitted in
triplicate to the DOT Docket Operations (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2019-0785; Airspace Docket No. 19-AEA-14.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through https://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, room
350, 1701 Columbia Avenue, College Park, Georgia 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA proposes an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to remove Class E airspace extending
upward from 700 feet above the surface at Grundy Municipal Airport,
Grundy, VA, as the airport has closed. Therefore, the airspace is no
longer necessary. This action would enhance the safety and management
of controlled airspace within the national airspace system.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1.
    The Class E airspace designation listed in this document will be
published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal would be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11D, Airspace Designations and Reporting
Points, dated August 8, 2019, effective September 15, 2019, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet
or More Above the Surface of the Earth.
* * * * *

AEA VA E5 Grundy, VA [Removed]

    Issued in College Park, Georgia, on October 30, 2019.
Debra Hogan,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2019-24346 Filed 11-7-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Proposed Rules]
[Pages 46371-46372]
[FR Doc No: 2012-19126]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2011-0817; FRL-9712-5]
RIN 2060-AQ93

National Emission Standards for Hazardous Air Pollutants for the
Portland Cement Manufacturing Industry and Standards of Performance for
Portland Cement Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; Notice of public hearing.

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SUMMARY: The EPA has been requested to hold a public hearing on its
proposed rule, ``National Emission Standards for Hazardous Air
Pollutants for the Portland Cement Manufacturing Industry and Standards
of Performance for Portland Cement Plants,'' which was published in the
Federal Register on July 18, 2012. The EPA will hold the hearing on
August 16, 2012, in Arlington, Texas.

DATES: The public hearing will be held on August 16, 2012. The
Administrator will keep the record of the public hearing open for 30
days after completion of the hearing to provide an opportunity for
submission or rebuttal and supplementary information. The date for
submitting comments on the proposed rule is unchanged from August 17,
2012.

ADDRESSES: The hearing will be held at the Arlington Municipal Building
in the City Council Chambers located at 101 W. Abram Street, Arlington,
Texas 76010; Telephone:<PHONE_NUMBER>.
    The public hearing will convene at 9:00 a.m. and will continue
until 7:00 p.m. A lunch break is scheduled from 12:00 p.m. until 1:00
p.m. The EPA's Web site for the rulemaking, which includes the proposal
and information about the hearing, can be found at: http://www.epa.gov/ttn/atw/pcem/pcempg.html.

FOR FURTHER INFORMATION CONTACT: If you would like to present oral
testimony at the public hearing, please contact Ms. Pamela Garrett,
U.S. Environmental Protection Agency, Office of Air Quality Planning
and Standards, Sector Policies and Programs Division (D243-01),
Research Triangle Park, North Carolina 27711; telephone: (919) 541-
7966; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>(preferred method for registering). The last day to register to present
oral testimony in advance will be Tuesday, August 14, 2012. If using
email, please provide the following information: The time you wish to
speak (morning or afternoon), name, affiliation, address, email address
and telephone and fax numbers. Time slot preferences will be given in
the order requests are received. Additionally, requests to speak will
be taken the day of the hearing at the hearing registration desk,
although preferences on speaking times may not be able to be fulfilled.
If you require the service of a translator or special accommodations
such as audio description, please let us know at the time of
registration.
    Questions concerning the proposed rule (77 FR 42368, July 18, 2012)
should be addressed to Ms. Sharon Nizich, Office of Air Quality
Planning and Standards; Sector Policies and Programs Division, Minerals
and Manufacturing Group (D243-04); Environmental Protection Agency;
Research Triangle Park, North Carolina 27111; telephone number: (919)
541-2825; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Public hearing: The proposal for which the EPA is holding the
public hearing was published in the Federal Register on July 18, 2012,
and is available at: http://www.gpo.gov/fdsys/pkg/FR-2012-07-18/pdf/2012-16166.pdf and also in the docket identified below. The public
hearing will provide interested parties the opportunity to present oral
comments regarding the EPA's proposed standards, including

data, views or arguments concerning the proposal. The EPA may ask
clarifying questions during the oral presentations, but will not
respond to the presentations at that time. Written statements and
supporting information submitted during the comment period will be
considered with the same weight as any oral comments and supporting
information presented at the public hearing.
    Commenters should notify Ms. Garrett if they will need specific
equipment or if there are other special needs related to providing
comments at the public hearing. The EPA will provide equipment for
commenters to make computerized slide presentations if we receive
special requests in advance. Oral testimony will be limited to 5
minutes for each commenter. The EPA encourages commenters to submit to
the docket a copy of their oral testimony electronically (via email or
CD) or in hard copy form.
    The public hearing schedule, including a list of speakers, will be
posted on the EPA's Web site at: http://www.epa.gov/ttn/atw/pcem/pcempg.html. A verbatim transcript of the hearing and written
statements will be included in the docket for the rulemaking. The EPA
will make every effort to follow the schedule as closely as possible on
the day of the hearing; however, please plan for the hearing to run
either ahead of schedule or behind schedule.

How can I get copies of this document and other related information?

    The EPA has established a docket for the proposed rule, ``National
Emission Standards for Hazardous Air Pollutants for the Portland Cement
Manufacturing Industry and Standards of Performance for Portland Cement
Plants'' under Docket ID No. EPA-HQ-OAR-2011-0817, available at
www.regulations.gov.

List of Subjects in 40 CFR Parts 60 and 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: August 1, 2012.
Mary Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2012-19126 Filed 8-2-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6639-6646]
[FR Doc No: 2018-02984]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82671; File No. SR-DTC-2018-001]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing of Proposed Rule Change To Amend the By-Laws

February 8, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 2, 2018, 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 the clearing agency. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change would amend the DTC By-Laws (``By-Laws'')
\3\ to (i) make changes to DTC's governance procedures, (ii) revise
certain DTC Board of Directors (``Board'') and designated officer
titles or offices and update the related powers and duties, (iii)
revise the section describing the compensation of officers, and (iv)
make certain other technical changes and corrections.
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    \3\ The By-Laws are included in the Rules, By-Laws and
Organization Certificate of DTC (``Rules''), available at http://www.dtcc.com/legal/rules-and-procedures.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    In DTC's review of the By-Laws, DTC has identified and is proposing
the following changes to the By-Laws: (i) Changing its internal
governance procedures, (ii) revising certain Board and designated
officer titles or offices and updating the related powers and duties,
(iii) revising the section describing the compensation of officers, and
(iv) making certain technical changes and corrections. Specifically,
regarding the proposed changes to the Board and designated officer
titles or offices and updating the related powers and duties, DTC is
proposing to: (1) Change the title of Chairman of the Board to Non-
Executive Chairman of the Board and update the related powers and
duties associated with that role due to personnel changes in DTC's
management, (2) add the office of the Chief Executive Officer
(``CEO''), combine the office of the President and the office of the
Chief Executive Officer into one office (President and Chief Executive
Officer) and update the related powers and duties to reflect that the
two positions are now combined and are held by one individual, (3) add
the office of the Chief Financial Officer (``CFO'') and delete the
office of the Comptroller, (4) delete the office of the Chief Operating
Officer (``COO''), (5) change the title of Vice President to Executive
Director and update the related powers and duties, and (6) make other
changes related to certain powers and duties of the Board and various
officers, including Managing Directors, the Vice Chairman of the
Corporation, the Treasurer and the Assistant Treasurer, as described in
greater detail below. DTC is proposing to make these changes to the By-
Laws so that the By-Laws remain consistent and accurate and DTC's
governance documents accurately reflect its management and
organizational structure and the responsibilities within the purview of
certain roles. DTC believes these changes would facilitate the
efficient governance and operation of DTC.
Proposed Changes to the By-Laws \4\
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    \4\ DTC last submitted a rule filing regarding changes to the
By-Laws in 2006. See Securities Exchange Act Release No. 54173 (July
19, 2006), 71 FR 42890 (July 28, 2006) (SR-DTC-2006-10, SR-FICC-
2006-09, and SR-NSCC-2006-08).
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A. Changes to DTC's Governance Procedures
    DTC would revise the By-Laws to (1) change the frequency with which
each of the Board and the Executive Committee is required to meet, (2)
permit the Board to act by unanimous written consent, and (3) make a
technical change by removing the word ``monthly'' from the phrase
``regular monthly meetings'' when describing Board meetings. DTC
proposes to make the changes to the By-Laws that are described below.
1. Changes to the Frequency of Board Meetings and Executive Committee
Meetings; Technical Change to the Description of Regular Meetings of
the Board
    Currently, the By-Laws require (1) the Board to meet for ten
meetings per year with at least two meetings during any three-month
period and (2) the Executive Committee to meet at least once in each
30-day period during which the Board does not meet. DTC is proposing to
reduce the required frequency of its Board meetings and Executive
Committee meetings to better align the frequency of DTC's Board
meetings with those of Fixed Income Clearing Corporation and National
Securities Clearing Corporation. DTC believes that reducing the
frequency of DTC's Board meetings to better align the occurrence of
these meetings would facilitate the efficient use of corporate
resources. Specifically, DTC proposes to make the following changes to
current Section 2.6 (Meetings) of the By-Laws to (1) reduce the
required number of Board meetings and (2) eliminate the requirement
that the Executive Committee meet at least once in each thirty-day
period during which the Board does not meet:
    a. The minimum required number of meetings of the Board in current
Section 2.6 (Meetings) would be reduced from ten meetings per year with
at least two meetings during any three-month period to six meetings per
year with at least one meeting during any three-month period.
    b. The provision in current Section 2.6 (Meetings) requiring the
Executive Committee to meet during each 30-day period in which the
Board does not meet would be deleted.
    In addition, DTC proposes to make a technical change in current
Section 2.6 (Meetings) by removing the word ``monthly'' from the phrase
``regular monthly meetings'' when describing that the Board may fix
times and places for such meetings of the Board. The current provision
refers to regular monthly meetings but also states that such meetings
shall be held at least ten times a year. As such, DTC believes that the
proposed language, which would state that the Board may fix times and
places for regular meetings of the Board and no notice of such meetings
need to be given, would improve clarity and consistency.
2. Unanimous Written Consent
    DTC proposes to add proposed Section 2.9 (Action by Unanimous
Written Consent), permitting the Board to act by unanimous written
consent in lieu of a meeting. The Board would be permitted to take all
actions that are required to or may be taken at a meeting by unanimous
written consent. The provision would require that the written consent
set forth the action to be taken, be signed by all of the directors,
and be filed with the minutes of the proceedings of the Board. DTC has
determined that the unanimous written consent provision would
facilitate the efficient operation of DTC by permitting the Board to
make necessary decisions in a timely and efficient manner.
B. Changes to Certain DTC Board and Designated Officer Titles or
Offices and Updates to the Related Powers and Duties
    DTC proposes to revise the titles or offices and update the related
powers and duties of various designated officers and the Board, as
further described below, and for the reasons described below.
1. Change the Title of Chairman of the Board to Non-Executive Chairman
of the Board; Update the Powers and Duties of the Non-Executive
Chairman of the Board
    DTC proposes to replace the title of Chairman of the Board with the
title Non-Executive Chairman of the Board (``Non-Executive Chairman of
the Board''). This change in title reflects that this position is now
held by an individual who is not part of DTC's management (i.e., a non-
executive). In 2016, DTC made personnel changes. As part of these
personnel changes, the individual who was serving as Chairman of the
Board and who was part of DTC's management at that time became a non-
executive. DTC believed that it would be beneficial and desirable to
continue to have this individual serve as chairman of the Board even
though he is no longer part of DTC's management. Therefore, DTC
proposes

to change the title of this position in the By-Laws to Non-Executive
Chairman of the Board to reflect that this position is held by a non-
executive. DTC believes this proposed change would accurately reflect
this organizational change. Furthermore, DTC proposes to revise the By-
Laws to enumerate the powers and duties of the Non-Executive Chairman
of the Board. To implement this proposed change, DTC would revise the
By-Laws as described below.
    Certain references to either Chairman or Chairman of the Board
would be revised to Non-Executive Chairman of the Board in the sections
of the By-Laws that would continue to apply to the Non-Executive
Chairman of the Board. Specifically, the following changes would be
made:
    a. In current Section 1.2 (Special Meetings), current Section 1.8
(Presiding Officer and Secretary), current Section 2.6 (Meetings), and
current Section 6.1 (Certificates for Shares), the word ``Non-
Executive'' would be added before each reference to the Chairman of the
Board.
    Certain references to Chairman of the Board in the By-Laws would be
deleted because such references are in the sections of the By-Laws that
only apply to members of DTC management. Because the Non-Executive
Chairman of the Board would not be a management position, such sections
of the By-Laws would no longer be applicable. Specifically, the
following changes would be made:
    a. In current Section 3.1 (General Provisions), Chairman of the
Board would be removed from the list of designated officers of DTC.
    b. In current Section 3.12 (Compensation of Officers), the
references to the Chairman of the Board would also be deleted because
the Non-Executive Chairman of the Board does not receive compensation
and because, as further described below, this section would be revised
to only address the setting of compensation for the President and CEO.
    Current Section 3.2 (Powers and Duties of the Chairman of the
Board) would be deleted and replaced by proposed Section 2.8 (Non-
Executive Chairman of the Board). Specifically, the following changes
would be made:
    a. Certain powers and duties prescribed to the Chairman of the
Board in current Section 3.2 (Powers and Duties of the Chairman of the
Board) would remain with the Non-Executive Chairman of the Board. Such
powers and duties include: (i) Presiding over the meetings of the
stockholders and of the Board at which he is present and (ii) such
other powers and duties as the Board may designate. This would be set
forth in proposed Section 2.8 (Non-Executive Chairman of the Board).
Furthermore, as is similarly stated in current Section 3.2 (Powers and
Duties of the Chairman of the Board), proposed Section 2.8 (Non-
Executive Chairman of the Board) would state that the ``performance of
any such duty by the Non-Executive Chairman of the Board shall be
conclusive evidence of his power to act.''
    b. DTC would also expressly include in proposed Section 2.8 (Non-
Executive Chairman of the Board) that the Non-Executive Chairman of the
Board has general supervision over the Board and its activities and
would provide overall leadership to the Board. Consistent with his
authority to supervise and lead the Board, DTC proposes to assign the
responsibility for carrying out the policies of the Board of Directors
to the Non-Executive Chairman of the Board rather than the President
(as is provided in current Section 3.3 (Powers and Duties of the
President)). Furthermore, in current Section 3.6 (Powers and Duties of
the Secretary), the power to assign additional powers and duties to the
Secretary would be revised to replace the reference to President with
Non-Executive Chairman of the Board. DTC believes this is an
appropriate responsibility for the Non-Executive Chairman of the Board
to have as part of his general supervision of the Board.
    c. In addition, proposed Section 2.8 (Non-Executive Chairman of the
Board) would state that, in the absence of the Non-Executive Chairman
of the Board, the presiding director, as elected by the Board, shall
preside at all meetings of the stockholders and of the Board at which
he or she is present. Current Section 3.3 (Powers and Duties of the
President) provides that, in the absence or in ability of the Chairman
of the Board, the President shall preside at all meetings of
shareholders and all meetings of the Board of Directors at which he is
present. Pursuant to the Board of Directors of The Depository Trust &
Clearing Corporation (``DTCC''), DTC, Fixed Income Clearing Corporation
(``FICC'') and National Securities Clearing Corporation (``NSCC'')
Mission Statement and Charter (``Board Mission Statement and
Charter''), DTC annually elects a presiding director to preside at
meetings when the Non-Executive Chairman of the Board is absent. As
such, DTC believes the proposed language described above would enhance
accuracy by correcting the inconsistency between the By-Laws and the
Board Mission Statement and Charter.
    d. As further described below, in proposed Section 3.2 (Powers and
Duties of the President and Chief Executive Officer), the Non-Executive
Chairman of the Board would have the authority to designate powers and
duties to the President and CEO. DTC believes this authority to
designate powers and duties to the President and CEO is within the
scope of the supervisory role of the Non-Executive Chairman of the
Board and therefore proposes to revise the By-Laws to expressly state
that the Non-Executive Chairman has this authority.
    e. In current Section 3.5 (Powers and Duties of Vice Presidents and
Managing Directors), DTC would add the Non-Executive Chairman of the
Board to the list of individuals who have the power to assign powers
and duties to Managing Directors as well as make conforming changes.
DTC believes this is an appropriate responsibility for the Non-
Executive Chairman of the Board to have because he has general
supervision over the Board.
2. Add the Office of the CEO and Combine the Office of the President
and the Office of the CEO into the Office of the President and CEO;
Update the Related Powers and Duties
    DTC proposes to add the office of the CEO and combine the office of
the President and the office of the CEO into one office (President and
CEO) because one individual is the President and CEO. DTC proposes to
revise the By-Laws to reflect that one individual holds the office of
the President and CEO, including revising the list of designated
officers in current Section 3.1 (General Provisions) to include the
President and CEO. While current Section 3.3 (Powers and Duties of the
President) provides that the President shall be the chief executive
officer, current Section 3.1 (General Provisions) does not include CEO
in the list of designated officer positions (President is currently
included in this list). As such, DTC would revise certain references in
the By-Laws from President to President and Chief Executive Officer.
Specifically, DTC proposes to make the changes to the By-Laws that are
described below.
    a. In current Section 1.2 (Special Meetings), current Section 1.8
(Presiding Officer and Secretary), current Section 2.6 (Meetings),
current Section 3.1 (General Provisions), current Section 3.5 (Powers
and Duties of Vice Presidents and Managing Directors), current Section
3.7 (Powers and Duties of the Treasurer), and current Section 3.12
(Compensation of Officers), the words ``and Chief Executive Officer''

would be added after each reference to President.
    b. In current Section 6.1 (Certificates for Shares), the words
``the President'' would be deleted and replaced by the words
``President and Chief Executive Officer.''
    Furthermore, except as otherwise described below, the
responsibilities, duties and powers granted to the President that are
currently described in the By-Laws would continue to remain with the
President and CEO. DTC proposes to make the following changes to the
By-Laws to reflect the updated responsibilities and powers and duties
that are granted to the President and CEO:
    a. A portion of current Section 3.3 (Powers and Duties of the
President) would be deleted and replaced with proposed Section 3.2
(Powers and Duties of the President and Chief Executive Officer). The
remaining portion of current Section 3.3 (Powers and Duties of the
President) would be included in proposed Section 3.2 (Powers and Duties
of the President and Chief Executive Officer).
    b. Current Section 3.3 (Powers and Duties of the President) states
that the President will have general supervision over the business and
affairs of DTC subject to the direction of the Board. Additionally,
current Section 3.3 (Powers and Duties of the President) states that
the President may employ and discharge employees and agents of DTC,
except such as shall be elected or appointed by the Board, and he may
delegate these powers. Similarly, proposed Section 3.2 (Powers and
Duties of the President and Chief Executive Officer) would state that
the President and Chief Executive Officer would have general
supervision over the overall business strategy, business operations,
systems, customer outreach, and risk management, control and staff
functions, subject to the direction of the Board and the Non-Executive
Chairman of the Board. DTC believes the additional detail provided in
proposed Section 3.2 (Powers and Duties of the President and CEO) would
add clarity to the powers and duties associated with the role of
President and Chief Executive Officer and would be consistent with the
combined role. In addition, because the office of the COO would be
eliminated (as described further below), the responsibility of general
supervision over the operations of DTC, which is designated to the COO
role in current Section 3.4 (Powers and Duties of the Chief Operating
Officer), would be assigned to the President and CEO.
    c. Proposed Section 3.2 (Powers and Duties of the President and
CEO) would state that the President and CEO would have such other
powers and perform such other duties as the Board or the Non-Executive
Chairman of the Board may designate. DTC believes this generally aligns
with current Section 3.3 (Powers and Duties of the President). DTC
believes that providing the Non-Executive Chairman of the Board with
this additional authority to designate powers and duties to the
President and CEO is within the scope of the supervisory role of the
Non-Executive Chairman of the Board.
    d. As noted above, certain powers and duties listed in current
Section 3.3 (Powers and Duties of the President) would be removed or
assigned to another position. Specifically, as noted above, the
responsibility for carrying out the policies of the Board would be
assigned to the Non-Executive Chairman of the Board rather than to the
President and CEO. Additionally, the statement that ``performance of
any such duty by the President shall be conclusive evidence of his
power to act'' that appears in current Section 3.3 (Powers and Duties
of the President) would be removed as DTC believes it would be best
practice to document specific designation of powers and/or duties made
by the Board or Non-Executive Chairman of the Board to the President
and CEO. Furthermore, as noted above, the language stating that, in the
absence of the Non-Executive Chairman, the President and CEO shall
preside at all meetings of shareholders and all meetings of the Board
of Directors at which he is present would be deleted because, pursuant
to the Board Mission Statement and Charter, that power resides with the
presiding director who is elected annually by the DTC Board. DTC
believes deleting this language would enhance accuracy by correcting
the inconsistency between the By-Laws and the Board Mission Statement
and Charter.
    e. As described above, in current Section 3.6 (Powers and Duties of
the Secretary), the power to assign additional powers and duties to the
Secretary would be removed from the President and granted to the Non-
Executive Chairman of the Board. DTC believes this is an appropriate
responsibility for the Non-Executive Chairman of the Board to have as
part of his general supervision of the Board.
    f. As described below, the President and Board currently have the
authority to assign powers and duties to the Comptroller in current
Section 3.8 (Powers and Duties of the Comptroller). Similarly, proposed
Section 3.5 (Powers and Duties of the Chief Financial Officer) would
provide that the CFO would perform such other duties as he may agree
with the President and CEO and the Board.
3. Add the Office of the CFO; Delete of the Office of the Comptroller
    DTC would add the office of the CFO and assign to the CFO all of
the powers and duties of the office of the chief financial officer. The
CFO would, in general, have overall supervision of the financial
operations of DTC. Furthermore, references to the office of the
Comptroller would be deleted. DTC does not currently have a Comptroller
nor does DTC plan to appoint one. Therefore, DTC believes it would be
more accurate to remove all references to such position in the By-Laws.
Specifically, DTC would revise the By-Laws as described below.
    a. In current Section 3.1 (General Provisions), CFO would be added
to and Comptroller would be removed from the list of designated
officers of DTC.
    b. DTC would add proposed Section 3.5 (Powers and Duties of the
Chief Financial Officer). This proposed section would enumerate the
powers and duties of the CFO. It would state that the CFO would have
overall supervision of the financial operations of DTC and upon
request, would counsel and advise other officers of DTC and perform
other duties as agreed with the President and CEO or as determined by
the Board. DTC believes these powers and duties are appropriate for the
newly created role of CFO. Proposed Section 3.5 (Powers and Duties of
the Chief Financial Officer) would also state that the CFO would report
directly to the President and CEO. DTC believes it is appropriate for
the CFO to report to the President and CEO and to specify this clear
line of responsibility in the By-Laws.
    c. Furthermore, proposed Section 3.6 (Powers and Duties of the
Treasurer) would also be revised to state that the Treasurer shall have
all such powers and duties as generally are incident to the position of
Treasurer or as the CFO (in addition to the President and CEO and the
Board) may assign to him. Because the Treasurer directly reports to the
CFO, DTC believes it is appropriate for the CFO to assign powers and
duties to the Treasurer.
    d. DTC would delete current Section 3.8 (Powers and Duties of the
Comptroller), which, with the elimination of the office of the
Comptroller, would no longer be necessary.

4. Delete the Office of the COO
    DTC would also delete references to the designated office of the
COO in the By-Laws. DTC believes this change is necessary because DTC
no longer has a COO nor does DTC plan to appoint one. Specifically, DTC
would make the changes to the By-Laws described below.
    a. In current Section 3.1 (General Provisions), the COO would be
removed from the list of designated officers of DTC.
    b. Current Section 3.4 (Powers and Duties of the Chief Operating
Officer) would be deleted, which, with the elimination of the office of
the COO, would no longer be necessary. The power and duty prescribed to
this position (general supervision over the operations of DTC) would be
assigned to the President and CEO in proposed Section 3.2 (Powers and
Duties of the President and Chief Executive Officer), as described
above.
5. Change the Title of Vice President to Executive Director; Update the
Related Powers and Duties
    DTC proposes to change the title of Vice President to Executive
Director and update the related powers and duties. DTC believes these
changes are necessary because DTC has decided that the title of
Executive Director is more widely used in the financial services
industry for roles similar to those designated as Vice Presidents. In
DTC's organizational structure, Executive Directors report to Managing
Directors. As such, it was decided that Executive Directors do not have
sufficient seniority to call special meetings of shareholders, to
preside over shareholder meetings unless specifically designated to do
so by the Board, or to sign share certificates. DTC proposes to make
the following changes to the By-Laws to reflect the change in the title
from Vice President to Executive Director and to update the related
powers and duties.
    a. In current Section 1.2 (Special Meetings), the proposed rule
change would remove Vice Presidents from the list of officers
authorized to call special meetings of shareholders. DTC believes that
Vice Presidents do not have sufficient seniority to call special
meetings of shareholders.
    b. In current Section 1.8 (Presiding Officer and Secretary), Vice
President would removed. DTC believes that a Vice President should not
preside over a shareholder meeting unless specifically designated to do
so by the Board.
    c. In current Section 3.1 (General Provisions), Vice Presidents
would be removed from the list of designated officers of DTC. As
described below, a parenthetical phrase would be added explaining that
the Board's power to appoint other officers includes the power to
appoint one or more Executive Directors.
    d. In current Section 3.5 (Powers and Duties of Vice Presidents and
Managing Directors), all references to Vice President would be deleted.
Section 3.5 (Powers and Duties of Vice Presidents and Managing
Directors) currently states that Vice Presidents and Managing Directors
have such powers and perform such duties as the Board or the President
may assign to them.\5\ Because individuals with the title of Executive
Director report to Managing Directors, DTC believes the reference to
Vice President in this section would not be necessary.
---------------------------------------------------------------------------

    \5\ With this proposal, this reference to President would be
revised to President and CEO, and the Non-Executive Chairman of the
Board would be added so the Non-Executive Chairman of the Board
would also be able to assign powers and duties to the Managing
Directors.
---------------------------------------------------------------------------

6. Other Changes to the Powers and Duties of the Board and Certain
Other Designated Officers
Managing Directors
    a. In Section 1.2 (Special Meetings), the reference to the Managing
Director would be added to the list of officers authorized to call
special meetings of the stockholders to provide DTC's management with
more flexibility by enabling additional persons within senior
management to call special meetings of the Board.
    b. In current Section 2.6 (Meetings), the proposal would add
Managing Directors to the list of officers authorized to call special
meetings of the Board. DTC believes this proposed change would provide
DTC's management with additional flexibility by enabling additional
persons within senior management to call special meetings of the Board.
    c. In current Section 6.1 (Certificates for Shares), Managing
Directors would be removed from the list of officers authorized to sign
certificates for shares. By removing Managing Directors, DTC would be
able to limit the authorized signatories of certificates for shares of
DTC to a smaller number of individuals within senior management.
Vice Chairman of the Corporation
    As described below, a parenthetical phrase would be added in
current Section 3.1 (General Provisions) explaining that the Board's
power to appoint other offices includes, but is not limited to, the
power to appoint a Vice Chairman of the Corporation.
Board
    a. In current Section 3.1 (General Provisions), DTC proposes to add
a parenthetical phrase explaining that the Board's power to appoint
other offices includes, but is not limited to, the power to appoint a
Vice Chairman of the Corporation and one or more Executive Directors to
enhance clarity.
    b. Additionally, in current Section 3.1 (General Provisions),
regarding the ability of any one person to hold more than one office,
DTC proposes to enhance and clarify the exception by specifying that
neither the Secretary nor any Assistant Secretary can hold the
following offices: (1) Vice Chairman of the Corporation or (2)
President and CEO. DTC believes this proposed change is necessary to
ensure that the Secretary and any Assistant Secretary would not hold
those positions.
Treasurer
    In current Section 6.1 (Certificates of Shares), DTC proposes to
delete the reference to Treasurer from the list of authorized
signatories because DTC expects the Secretary or an Assistant Secretary
(who are each currently listed as authorized signatories) to sign any
share certificates.
Assistant Treasurer
    In current Section 6.1 (Certificates of Shares), DTC proposes to
delete the reference to Assistant Treasurer from the list of authorized
signatories because DTC expects the Secretary or the Assistant
Secretary (who are each currently listed as authorized signatories) to
sign any share certificates.
7. Revise Compensation of Officers to Compensation of the President and
Chief Executive Officer
    Current Section 3.12 (Compensation of Officers) would be revised to
accurately reflect DTC's compensation setting practices. Current
Section 3.12 states that: (i) The compensation, if any, of the Chairman
of the Board, and the President shall be fixed by a majority (which
shall not include the Chairman of the Board or the President) of the
entire Board of Directors and (ii) salaries of all other officers shall
be fixed by the President with the approval of the Board and no officer
shall be precluded from receiving a salary because he is also a
director. Current Section 3.12 would be revised to state that the
Compensation Committee of the Corporation will recommend the
compensation for the President and Chief Executive Officer to

the Board of Directors for approval because, pursuant to the DTCC/DTC/
FICC/NSCC Compensation and Human Resources Committee Charter
(``Compensation Committee Charter''), this is the process that is
followed. In addition, DTC also proposes to delete the language stating
that salaries of all other officers shall be fixed by the President
with approval of the Board and no officer shall be precluded from
receiving a salary because he is also a director. DTC believes the
proposed changes are appropriate because they no longer reflect DTC's
compensation setting procedures. In addition, as noted above,
references to Chairman of the Board would be deleted because the Non-
Executive Chairman of the Board does not receive compensation.
Furthermore, the title of this section would be revised from
Compensation of Officers to Compensation of the President and Chief
Executive Officer because this section would no longer speak to the
compensation of officers other than the President and CEO.
C. Technical Changes and Corrections
    DTC has identified the following technical changes and/or
corrections that it proposes to make to the By-Laws to enhance the
clarity and readability of the By-Laws.
1. Delete Direct Reference to Statutes and Statutory Requirements
    DTC would delete direct statutory references from the By-Laws as
set forth below so that the By-Laws remain consistent and accurate
despite any changes to a specifically cited statute. DTC believes this
proposed change would also provide DTC with a broad base to act in
accordance with relevant law without violating the By-Laws and thereby
also provide DTC with more flexibility. Specifically, DTC proposes to
make the following changes to the By-Laws:
    a. In current Section 1.2 (Special Meetings), regarding
stockholders' ability to compel the Secretary to call a special meeting
of the stockholders for the election of directors, the reference to the
provisions of Section 6003 of the New York Banking Law would be
deleted.
    b. In current Section 1.4 (Notice of Meetings), regarding the
composition of notices for stockholder meetings, the reference to the
specific provisions and requirements of Section 6022 of the New York
Banking Law would be deleted.
    c. In current Section 2.2 (Election and Term of Directors),
regarding the directors' oath of office, the specific citation to
Section 7015 would be removed. DTC also would clarify that the Banking
Law is in fact referring to the New York Banking Law.
2. Technical Changes to Section Describing Audit Committee
    DTC proposes to revise proposed Section 2.11 (Audit Committee) to
conform the description of the composition of the Audit Committee to
the description of the Audit Committee in the by-laws of FICC because
the composition of such committee is the same for DTC, FICC and NSCC
and therefore, DTC believes the description of such committee should be
consistent. Specifically, DTC proposes to revise proposed Section 2.11
(Audit Committee) to state that the Board of Directors may appoint an
Audit Committee consisting of three or more directors other than
officers of DTC or DTCC. Furthermore, language stating that the Audit
Committee will review the progress of all internal audits conducted by
the Auditor (if there be one) and all periodic reports of such audits
submitted to it by the Auditor pursuant to Section 3.9 and shall
supervise, and cooperate and coordinate with, the Auditor in the
performance of his duties would be deleted as a conforming change and
for consistency with the by-Laws of FICC.
3. Other Technical Changes and Corrections
    In addition to the technical changes proposed above, DTC proposes
to make the additional technical and grammatical changes described
below.
    a. In the heading for current Article I, DTC proposes to delete
``STOCKHOLDERS'' and replace it with ``Stockholders'' and in the
heading for current Article II, delete ``BOARD OF DIRECTORS'' and
replace it with ``Board of Directors'' to be consistent with the
headings of the other Articles in the By-Laws.
    b. In current Section 1.2 (Special Meetings), current Section 1.3
(Record Date for Meetings and Other Purposes), current Section 1.8
(Presiding Officer and Secretary), current Section 2.6 (Meetings),
current Section 3.1 (General Provisions), current Section 3.5 (Powers
and Duties of Vice Presidents and Managing Directors), current Section
3.6 (Powers and Duties of the Treasurer), current Section 3.12
(Compensation of Officers), and current Section 6.1 (Certificates for
Shares), conforming grammatical corrections would be made.
    c. In current Section 1.10 (Inspectors of Election), each use of
the word ``corporation'' would be capitalized so that it would read
``Corporation'' and the word ``such'' would be replaced with the word
``the'' before the word ``Corporation'' in the last sentence to correct
typographical errors and enhance consistency and readability.
    d. In current Section 2.3 (Newly Created Directorships and
Vacancies), the extra space before and after the word ``of'' in the
first sentence would be deleted.
    e. In addition, additional spaces between the section number and
the section title would be added in current Section 1.1 (Annual
Meeting) through Section 1.12 (Written Consent of Stockholders Without
a Meeting), in current Section 2.1 (Number of Directors) through
current Section 2.7 (Quorum and Voting), proposed Section 2.8 (Non-
Executive Chairman of the Board), proposed Section 2.10 (Executive
Committee) through proposed Section 2.13 (Compensation of Directors),
current Section 3.1 (General Provisions), proposed Section 3.3 (Powers
and Duties of Managing Directors), proposed Section 3.4 (Powers and
Duties of the Secretary), proposed Section 3.6 (Powers and Duties of
the Treasurer), proposed Section 3.7 (Powers and Duties of the Auditor)
through proposed Section 3.10 (Compensation of Officers), and current
Section 6.1 (Certificates for Shares) through current Section 6.4
(Lost, Stolen or Destroyed Certificates).
    f. In current Section 2.6 (Meetings), each use of the word
``board'' in the second paragraph would be capitalized to correct
typographical errors and enhance consistency.
    g. Current Section 2.8 (Executive Committee) through current
Section 2.11 (Compensation of Directors) would be renumbered to reflect
the addition of proposed Section 2.8 (Non-Executive Chairman of the
Board) and proposed Section 2.9 (Action by Unanimous Written Consent).
    h. Current Section 3.5 (Powers and Duties of Vice Presidents and
Managing Directors) through current Section 3.12 (Compensation of
Officers) would be renumbered to reflect the addition of proposed
Section 3.2 (Powers and Duties of the President and Chief Executive
Officer) and proposed Section 3.5 (Powers and Duties of the Chief
Financial Officer) and the deletion of current Section 3.2 (Powers and
Duties of the Chairman of the Board), current Section 3.3 (Powers and
Duties of the President), current Section 3.4 (Powers and Duties of the
Chief Operating Officer) and current Section 3.8 (Powers and Duties of
the Comptroller).
    i. Proposed Article X (Gender References) would be added to clarify
that the By-Laws are intended to be

gender neutral with any reference to one gender deemed to include the
other.
2. Statutory Basis
    Section 17A(b)(3)(A) of the Act requires, among other things, that
a clearing agency is so organized to be able to facilitate the prompt
and accurate clearance and settlement of securities transactions for
which it is responsible.\6\ DTC believes the proposed changes to the
By-Laws described above are consistent with this provision.
Specifically, DTC believes that the (1) change of title from Chairman
of the Board to Non-Executive Chairman of the Board and changes to the
related powers and duties, (2) addition of the office of the CEO, the
combination of the offices of the President and CEO and changes to the
related powers and duties, (3) addition of the office of the CFO and
deletion of the office of the Comptroller, (4) change of title from
Vice President to Executive Director and changes to the related powers
and duties, (5) deletion of the office of the COO, (6) changes to the
powers and duties of the Board, (7) changes to the powers and duties of
Managing Directors, (8) changes to the powers and duties of Vice
Chairman of the Corporation, (9) changes to the powers and duties of
the Treasurer, and (10) changes to the powers and duties of the
Assistant Treasurer are designed to facilitate the effective and
efficient governance and operation of DTC and accurately reflect DTC's
current Board and management structure. DTC also believes the changes
to the powers and duties of the Board and designated officer positions
are appropriate and aligned with each role. Furthermore, these proposed
changes are intended to promote additional clarity as to the
responsibilities of the Board and certain designated officers. DTC
believes the proposed changes to the section describing the
compensation of officers are designed to accurately reflect: (1) The
process that is followed for setting compensation pursuant to the
Compensation Committee Charter and (2) that the Non-Executive Chairman
of the Board does not receive compensation and would promote additional
clarity as to the setting of compensation of the President and CEO and
Non-Executive Chairman of the Board. DTC also believes the technical
changes and corrections to the By-Laws would enhance clarity and
transparency in DTC's organizational documents. DTC also believes that
the proposed changes that would: (1) Reduce the minimum number of
required Board meetings, (2) eliminate the requirement that the
Executive Committee meet during each 30-day period in which the Board
does not meet, and (3) authorize the Board to act by unanimous written
consent in lieu of a meeting would facilitate the efficient operation
of DTC by permitting the Board to make necessary decisions in a timely
and efficient manner. DTC also believes that removing the word
``monthly'' when describing that the Board may fix times and places of
regular meetings of the Board would enhance clarity and consistency
regarding the requirements associated with such meetings. Therefore,
DTC believes these proposed changes are consistent with the requirement
that DTC is so organized to facilitate the prompt and accurate
clearance and settlement of securities transactions for which it is
responsible.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(A).
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(1) under the Act requires a covered clearing agency
to establish, implement, maintain and enforce written policies and
procedures reasonably designed to provide for a well-founded,
transparent and enforceable legal basis for each aspect of its
activities in all relevant jurisdictions.\7\ DTC believes the (1)
proposed changes to the titles or offices and the related powers and
duties of the Board and certain officers and (2) proposed technical
changes and corrections to the By-Laws are designed to ensure that
DTC's organizational documents accurately describe DTC's organizational
structure and that such organizational documents remain clear,
transparent, and consistent. Therefore, DTC believes these proposed
changes are consistent with Rule 17Ad-22(e)(1) because they are
designed to ensure that DTC's organizational documents remain well-
founded, transparent and enforceable in all relevant jurisdictions.\8\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17Ad-22(e)(1).
    \8\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(2) under the Act requires that DTC establish,
implement, maintain and enforce written policies and procedures to
provide for governance arrangements that, among other things, (1) are
clear and transparent, (2) support the public interest requirements in
Section 17A of the Act (15 U.S.C. 78q-1) applicable to clearing
agencies, and the objectives of owners and participants; and (3)
specify clear and direct lines of responsibility.\9\ DTC believes the
proposed changes to the By-Laws described above are designed to be
consistent with Rule 17Ad-22(e)(2).\10\ Specifically, DTC believes the
proposed changes to the By-Laws regarding the titles or offices and the
related powers and duties of various officers and the Board would
enhance clarity and transparency because they would clearly and
accurately set forth the organizational structure of DTC, including the
roles and lines of responsibility of various officers and the Board.
DTC also believes that the proposed changes that would: (1) Reduce the
minimum number of required Board meetings, (2) eliminate the
requirement that the Executive Committee meet during each 30-day period
in which the Board does not meet, and (3) authorize the Board to act by
unanimous written consent in lieu of a meeting would facilitate the
efficient operation of DTC by permitting the Board to make necessary
decisions in a timely and efficient manner. DTC also believes that
removing the word ``monthly'' when describing that the Board may fix
times and places of regular meetings would enhance clarity and
consistency regarding the requirements associated with such meetings.
DTC also believes the proposed changes relating to the compensation of
officers would enhance clarity and transparency regarding its
compensation setting procedures by (1) accurately reflecting the
process that is followed pursuant to the Compensation Committee Charter
and (2) clarifying that the Non-Executive Chairman of the Board does
not receive compensation. In addition, the proposed technical changes
and corrections to the By-Laws are also designed to enhance the
clarity, transparency, and readability of the By-Laws. DTC believes
that, taken together, these proposed changes would facilitate the
effective and efficient governance and operation of DTC, and therefore
would enable DTC to better serve its Participants. As such, DTC
believes these proposed changes would also support the public interest
requirements in Section 17A of the Act (15 U.S.C. 78q-1) applicable to
clearing agencies, and the objectives of its owners and participants.
Therefore, DTC believes these proposed rule changes are consistent with
Rule 17Ad-22(e)(2) because they are designed to enhance clarity and
transparency in DTC's governance arrangements, support the public
interest requirements in Section 17A of the Act (15 U.S.C. 78q-1)
applicable to clearing agencies, and the objectives of owners and
participants, and specify clear and direct lines of responsibility for
various officer positions and the Board within DTC's organizational
structure.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.17Ad-22(e)(2).
    \10\ Id.
    \11\ Id.

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

(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any
impact on competition. The proposed rule change would amend the By-Laws
to: (1) Accurately reflect DTC's organizational structure and reflect
changes to titles or offices and the related powers and duties of the
Board and various designated officers, (2) accurately reflect (a) the
process that is followed for setting compensation pursuant to the
Compensation Committee Charter and (b) that the Non-Executive Chairman
of the Board does not receive compensation, (3) permit the Board to
continue to make necessary decisions in a timely and efficient manner
by reducing the minimum number of required Board meetings, authorizing
the Board to act by unanimous written consent in lieu of meetings, and
make other related changes, and (4) enhance the clarity, transparency,
and readability of the By-Laws by making technical changes and
corrections. DTC does not believe that this proposal would affect any
of its current practices regarding the rights or obligations of its
Participants. Therefore, DTC believes that the proposal would not have
any effect on its Participants and thus, would not have any impact or
burden on competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    DTC has not received any written comments relating to this
proposal. DTC will notify the Commission of any written comments
received by it.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate 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 or disapprove 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 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 protected]. Please include
File Number SR-DTC-2018-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2018-001. 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 DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-DTC-2018-001 and should be submitted on
or before March 7, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

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

[FR Doc. 2018-02984 Filed 2-13-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18983-18984]
[FR Doc No: 2020-06986]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-5971]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Recommendations To
Reduce the Risk of Transfusion-Transmitted of Infection in Whole Blood
and Blood Components; Agency Guidance

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995 (PRA).

DATES: Submit written comments (including recommendations) on the
collection of information by May 4, 2020.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0681. Also include the FDA docket
number found in

brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Recommendations To Reduce the Risk of Transfusion-Transmitted Infection
in Whole Blood and Blood Components; Agency Guidance

OMB Control Number 0910-0681--Extension

    Under Sec.  630.3(h) (21 CFR 630.3(h)), a list is set forth of
relevant transfusion-transmitted infections (RTTIs) (Sec.  630.3(h)(1))
and the conditions under which a transfusion-transmitted infection
(TTI) would meet the definition of an RTTI (Sec.  630.3(h)(2)). The
list of RTTIs under Sec.  630.3(h)(1) includes, among other things, the
following: Trypanosoma cruzi (Chagas), Creutzfeldt Jacob Disease (CJD)/
variant Creutzfeldt Jacob Disease (vCJD), plasmodium species (malaria),
and West Nile virus. The RTTIs FDA has identified thus far under Sec.
630.3(h)(2) include Zika virus and babesiosis. In addition, FDA has
determined Ebola virus to be a TTI identified under Sec.  630.3(l). FDA
has issued several guidance documents with recommendations regarding
the RTTIs or TTIs including Chagas, babesiosis, Zika virus, West Nile
virus, Ebola virus, malaria, CJD and vCJD, human immunodeficiency virus
(HIV) and human T-lymphotropic virus, types I and II (HTLV).
    The Chagas, babesiosis, Zika virus, West Nile virus, and HTLV
guidance documents provide recommendations for consignee and physician
notification relating to donors that tested reactive for these
infections.
    In addition, a blood establishment may receive information from a
donor following collection that reveals the donor had a risk factor for
an RTTI or TTI at the time of collection and should have been deferred
for the risk factor. FDA has recommended, in the following guidance
documents, that such a blood collection establishment notify the
consignee regarding the distributed blood components that are
potentially at-risk for an RTTI or TTI. In some cases, we recommend
that if the blood was transfused, the consignee notify the transfusion
recipient's physician of record regarding the potential risk. This
recommendation is included in Ebola virus, malaria, CJD and vCJD, and
HIV guidance documents. These guidance documents are available from our
website at https://www.fda.gov/vaccines-blood-biologics/biologics-guidances/blood-guidances.
    In the Federal Register of January 7, 2020 (85 FR 716), we
published a 60-day notice requesting public comment on the proposed
collection of information. For purposes of estimating burden under the
PRA, we provided an estimate of one response and one burden hour
annually. As we discussed in our 60-day notice, although such
notifications are rare, we believe that these notification practices
would be part of the usual and customary business practice for blood
establishments and consignees in addressing the RTTIs or TTIs under the
regulations. In addition, we believe respondents would have already
developed standard operating procedures for notifying consignees and
the recipient's physician of record regarding distributed blood
components potentially at risk for a TTI. No comments were received in
response to our 60-day notice, and we therefore retain this estimate.
As other relevant transfusion-transmitted infections are determined
under Sec.  630.3, we may continue to issue guidance accordingly, and,
if approved, intend the information collections to be included under
this OMB control number.
    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate. These guidance documents, as applicable, also refer to
previously approved FDA collections of information. The collections of
information in 21 CFR parts 601 and 640, and Form FDA 356h have been
approved under OMB control number 0910-0338; the collections of
information in 21 CFR parts 606 and 630 have been approved under OMB
control number 0910-0116; the collections of information in 21 CFR
606.171 have been approved under OMB control number 0910-0458.

    Dated: March 24, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-06986 Filed 4-2-20; 8:45 am]
BILLING CODE 4164-01-P


PAPERWORK REDUCTION ACT SUBMISSION SAN 4495 Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget. Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request Environmental Protection Agency/ Office of Air Quality Planning and Standards 2. OMB control number b. G None a. __ 2_ 0 6_ 0_  _ 0_ 4_ 2 1 _ ___ ___ ___ ___

3. Type of information collection ( check one) a. New collection b. X Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number For b f, note item A2 of Supporting Statement instructions 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: ______/______/______ c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No 6. Requested expiration date a. X Three years from approval date b. G Other Specify: ______/______

7. Title Regional Haze Rule ( Final Rule to Incorporate Sulfur Dioxide Milestones and Backstop Emissions Trading Program)

8. Agency form number( s) ( if applicable) 1813.05 9. Keywords Clean Air Act, Environmental Protection, Air Pollution Control 10. Abstract This regulation is for an action anticipated by the regional haze rule that EPA published in July 1999. One portion of the regional haze rule was an optional visibility protection program for 9 Western States. Part of this program for the West, a long term program to reduce stationary source emissions of sulfur dioxide, was incomplete at the time of the 1999 rule. Accordingly, the regional haze rule required Western States to submit an " Annex" to an earlier report of the Grand Canyon Visibility Transport Commission. We required the Annex to contain sulfur dioxide milestones for the years 2003 to 2018, to establish a program to track emissions from stationary sources over this time period, and to provide the details of a market trading program that would be triggered if a milestone is exceeded. The Western Regional Air Partnership submitted the Annex on September 29, 2000. EPA is proposing to amend the regional haze rule to incorporate the provisions of the Annex. The program in the Annex affects stationary sources emitting more than 100 tons per year of sulfur dioxide.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. ___ Individuals or households d.___ Farms b. P Business or other for profit e. X Federal Government c. X Not for profit institutions f. X State, Local, or Tribal Governments 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. X Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 205 b. Total annual responses 137 1. Percentage of these responses collected electronically 0 % c. Total annual hours requested 23,150 d. Current OMB inventory 11,500 e. Difference 11,650 f. Explanation of difference 1. Program change 11,650 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 0 c. Total annualized cost requested $ 0 d. Current OMB inventory $ 0 e. Difference $ 0 f. Explanation of difference 1. Program change $ 0 2. Adjustment $ 0 15. Purpose of information collection ( Mark primary with " P" and all others that apply with " X") a. ____ Application for benefits e. ____ Program planning or management b. X Program evaluation f. ____ Research c. ____ General purpose statistics g. P Regulatory or compliance d. ____ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. G Third party disclosure c. X Reporting 1. G On occasion 2. G Weekly 3. G Monthly 4. G Quarterly 5. G Semi annually 6. X Annually 7. G Biennially 8. G Other ( describe) _________________

17. Statistical methods Does this information collection employ statistical methods?

G Yes X No 18. Agency contact ( person who can best answer question regarding the content of this submission)

Name: Tim Smith Phone: 919 541 4718 OMB 83 I 10/ 95 19. Certification for paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and related provisions of 5 CFR 1320.8 ( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8 ( b)( 3):

( I) Why the information is being collected;

( ii) Use of information;

( iii) Burden estimate;

( iv) Nature of response ( voluntary, required for a benefit, or mandatory);

( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective manage ment and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official Henry Thomas Date Signature of Senior Official or designee Director, Collection Strategies Division Date OMB 83 I 10/ 95


[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Rules and Regulations]
[Pages 32071-32073]
[FR Doc No: 2011-13758]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0214]
RIN 1625-AA00

Safety Zone; Conneaut Festival Fireworks, Conneaut Harbor,
Conneaut, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Conneaut Harbor, Conneaut, OH for the Conneaut Festival Fireworks. This
zone is intended to restrict vessels from a portion of Conneaut Harbor,
Conneaut, OH during the Conneaut Festival Fireworks on July 3, 2011.
This temporary safety zone is necessary to protect spectators and
vessels from the hazards associated with a firework display.

DATES: This rule is effective from 9:30 p.m. until 10:45 p.m. on July
3, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2011-0214 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0214 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the 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,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail MST3 Rory Boyle, Marine Events
Coordinator, U.S. Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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 waiting for a notice and comment
period to run would be impracticable and contrary to the public
interest in that it would inhibit the Coast Guard's ability to protect
the public from the hazards associated with the below discussed
fireworks display.
    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 same reasons discussed in
the preceding paragraph, a 30-day notice period would be impractical
and contrary to the public interest.

Background and Purpose

    The Conneaut Festival is an event established to celebrate United
States independence and includes a fireworks display, which will be
launched from a water location. The fireworks display will occur on
July 3, 2011 from 9:30 p.m. until 10:45 p.m. The Captain of the Port
Buffalo has determined that fireworks launched proximate to watercraft
pose a significant risk to public safety and property. Thus, this
temporary safety zone is necessary to ensure the safety of vessels and
spectators from the hazards associated with the aforesaid fireworks
display. Establishing a safety zone to control vessel movement around
the location of the launch platform will help ensure the safety of
persons and property at this event.

Discussion of Rule

    This temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading, and launching of the
fireworks display occurring during the Conneaut Festival. It will
encompass an 840 ft radius in part of the waters of Conneaut Harbor
from position +41[deg]58'2.22'' N, -80[deg]33'39.89'' W. This temporary
safety zone will be effective and enforced from 9:30 p.m. until 10:45
p.m. on July 3, 2011.
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port Buffalo or the designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his on-scene representative. The Captain of the Port Buffalo or his
on-scene representative may be contacted via VHF Channel 16.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of Conneaut Harbor, Conneaut, OH on July 03,
2011 from 9:30 p.m. until 10:45 p.m.
    This safety zone will not have a significant economic impact on a
substantial number of small entities because of the minimal amount of
time in which the safety zone will be enforced. This safety zone will
only be enforced for 75 minutes in a low vessel traffic area. Vessel
traffic can pass safely around the zone. Before the effective period,
we will issue maritime advisories, which include a Broadcast Notice to
Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

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.

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.

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.

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.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

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

0
2. Add Sec.  165.T09-0214 as follows:

Sec.  165.T09-0214  Safety zone; Conneaut Festival Fireworks, Conneaut
Harbor, Conneaut, OH.

    (a) Location. The following area is a temporary safety zone: An 840
ft radius in part of the waters of Conneaut Harbor from position
+41[deg]58'2.22'' N, -80[deg]33'39.89'' W.
    (b) Effective and enforcement period. This zone will be effective
and enforced from 9:30 p.m. until 10:45 p.m. on July 3, 2011.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo, or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
or his on-scene representative may be contacted via VHF Channel 16.
    (5) Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the
Captain of the Port Buffalo or his on-scene representative.

    Dated: May 11, 2011.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2011-13758 Filed 6-2-11; 8:45 am]
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