[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Notices]
[Page 37498-37502]
[DOCID:fr29jn10-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62344; File No. SR-NYSEArca-2010-57]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Regarding Listing and Trading Shares of
AdvisorShares WCM/BNY Mellon Focused Growth ADR ETF

June 21, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 16, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade the following under NYSE
Arca Equities Rule 8.600 (``Managed Fund Shares''): AdvisorShares WCM/
BNY Mellon Focused Growth ADR ETF. The text of the proposed rule change
is available on the Exchange's Web site at http://www.nyse.com, at the
Exchange's principal office and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to list and trade the following Managed Fund
Shares \4\ (``Shares'') under NYSE Arca Equities Rule 8.600:
AdvisorShares WCM/BNY Mellon Focused Growth ADR ETF (the ``Fund'').\5\
The Shares will be offered by AdvisorShares Trust (the ``Trust''), a
statutory trust organized under the laws of the State of Delaware and
registered with the Commission as an open-end management investment
company.\6\
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    \4\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment advisor
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
    \5\ The Commission previously approved listing and trading on
the Exchange of the following actively managed funds under Rule
8.600. See, e.g., Securities Exchange Act Release Nos. 57801 (May 8,
2008), 73 FR 27878 (May 14, 2008) (SR-NYSEArca-2008-31) (order
approving Exchange listing and trading of twelve actively-managed
funds of the WisdomTree Trust); 59826 (April 28, 2009), 74 FR 20512
(May 4, 2009) (SR-NYSEArca-2009-22) (order approving Exchange
listing and trading of Grail American Beacon Large Cap Value ETF);
60975 (November 10, 2009) (SR-NYSEArca-2009-83) (order approving
listing of Grail American Beacon International Equity ETF). The
Exchange previously filed a proposed rule change relating to listing
on the Exchange of the AdvisorShares WCM/BNY Mellon Focused Growth
ADR ETF in File No. SR-NYSEArca-2010-07. See Securities Exchange Act
Release No. 61642 (March 3, 2010), 75 FR 11216 (March 10, 2010). No
comments were received on the proposal. The Exchange withdrew the
proposed rule change on April 9, 2010. See Securities Exchange Act
Release No. 61953 (April 21, 2010), 75 FR 22169 (April 27, 2010).
    \6\ The Trust is registered under the 1940 Act. On April 23,
2010, the Trust filed with the Commission Post-Effective Amendment
No. 5 to Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a),
and under the 1940 Act relating to the Fund (File Nos. 333-157876
and 811-22110) (the ``Registration Statement''). The Trust has also
filed an Amended Application for an Order under Section 6(c) of the
1940 Act for exemptions from various provisions of the 1940 Act and
rules thereunder (File No. 812-13677 dated May 14, 2010)
(``Exemptive Application''). The description of the operation of the
Trust and the Fund herein is based on the Registration Statement.
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    The investment advisor to the Fund is AdvisorShares Investments,
LLC (the ``Advisor''). WCM Investment Management (``WCM'') is the sub-
advisor (``Sub-Advisor'') to the Fund and the portfolio manager. The
Sub-Advisor selects securities for the Fund in which to invest pursuant
to an ``active'' management strategy for security selection and
portfolio construction. The Fund will periodically change the
composition of its portfolio to best meet its investment objective.
Neither the Advisor nor the Sub-Advisor is affiliated with a broker-
dealer.\7\
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    \7\ With respect to the Fund, the Exchange represents that the
Advisor, as the investment advisor of the Fund, as well as the Sub-
Advisor to the Fund and their related personnel, are subject to
Investment Advisers Act Rule 204A-1. This Rule specifically requires
the adoption of a code of ethics by an investment advisor to
include, at a minimum: (i) Standards of business conduct that
reflect the firm's/personnel fiduciary obligations; (ii) provisions
requiring supervised persons to comply with applicable federal
securities laws; (iii) provisions that require all access persons to
report, and the firm to review, their personal securities
transactions and holdings periodically as specifically set forth in
Rule 204A-1; (iv) provisions requiring supervised persons to report
any violations of the code of ethics promptly to the chief
compliance officer (``CCO'') or, provided the CCO also receives
reports of all violations, to other persons designated in the code
of ethics; and (v) provisions requiring the investment advisor to
provide each of the supervised persons with a copy of the code of
ethics with an acknowledgement by said supervised persons. In
addition, Rule 206(4)-7 under the Advisers Act makes it unlawful for
an investment advisor to provide investment advice to clients unless
such investment advisor has (i) adopted and implemented written
policies and procedures reasonably designed to prevent violation, by
the investment advisor and its supervised persons, of the Advisers
Act and the Commission rules adopted thereunder; (ii) implemented,
at a minimum, an annual review regarding the adequacy of the
policies and procedures established pursuant to subparagraph (i)
above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
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    According to the Registration Statement, the Fund's investment
objective is long-term capital appreciation above international
benchmarks such as the BNY Mellon Classic ADR Index, the Fund's primary
benchmark, and the MSCI EAFE Index, the Fund's secondary benchmark.
    WCM seeks to achieve the Fund's investment objective by selecting a
portfolio of U.S. traded securities of non-U.S. organizations included
in the BNY Mellon Classic ADR Index. The BNY Mellon Classic ADR Index
predominantly includes American Depositary Receipts (``ADRs'') and in
addition includes other Depositary Receipts (``DRs''), which include
Global Depositary Receipts (``GDRs''), Euro Depositary Receipts (``Euro
DRs'') and New York Shares (``NYSs'').\8\
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    \8\ According to the Registration Statement, DRs, which include
ADRs, GDRs, Euro DRs and NYSs, are negotiable securities that
generally represent a non-U.S. company's publicly traded equity or
debt. Depositary Receipts may be purchased in the U.S. secondary
trading market. They may trade freely, just like any other security,
either on an exchange or in the over-the-counter market. Although
typically denominated in U.S. dollars, Depositary Receipts can also
be denominated in Euros. Depositary Receipts can trade on all U.S.
stock exchanges as well as on many European stock exchanges.

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The Investment Process
    According to the Registration Statement, WCM employs a team
approach through Investment Strategy Group, consisting of four senior
investment professionals (the ``Portfolio Managers''). This team
establishes portfolio guidelines for sector and industry analysis and
develops the Fund's portfolio. The Portfolio Managers analyze the major
trends in the global economy in order to identify those economic
sectors and industries that are most likely to benefit. According to
the Registration Statement, typical themes incorporated in the
Portfolio Managers' investment process include demographics, global
commerce, outsourcing, the growing global middle class and the
proliferation of technology. A portfolio strategy is then implemented
that will best capitalize on these investment themes and subsequent
expected growth of the underlying assets. The Fund's portfolio will
typically have fewer than 30 companies. All buy and sell decisions are
made by the Portfolio Managers.
Portfolio Construction
    According to the Registration Statement, WCM seeks non-U.S.
domiciled quality growth businesses with superior growth prospects,
high returns on invested capital and low or no debt, among other
characteristics, as described in the Registration Statement. WCM
focuses its attention on conventional growth sectors such as
technology, consumer discretionary and staples, and healthcare.
    The Fund utilizes quantitative analysis that entails backward-
looking screens to help narrow the non-U.S. universe of companies in
which the Fund invests. The Fund looks for companies with market
capitalization of $3.5 billion or greater within traditional growth
sectors, and that have high returns on invested capital; low or no
debt; high gross, operating margins; and a history of sustainable
growth. Typical portfolio construction would entail exposure to 15 or
more industries with initial positions of approximately 2-5%; maximum
position size of approximately 10%; maximum sector size of
approximately 45%; maximum industry exposure of approximately 15%; and
maximum emerging markets exposure of approximately 35%.
    The Fund will under normal circumstances have at least 80% of its
total assets invested in ADRs. The Fund may invest in equity
securities, including common and preferred stock, warrants, convertible
securities and Master Limited Partnerships. The Fund's portfolio will
consist primarily of ADRs and the Fund will not invest in non-U.S.
equity securities outside of U.S. markets.
    According to the Registration Statement, the composition of the
Fund's portfolio, on a continual basis, will be subject to the
following:
    (1) Component stocks that in the aggregate account for at least 90%
of the weight of the portfolio each shall have a minimum market value
of at least $100 million;
    (2) Component stocks that in the aggregate account for at least 70%
of the weight of the portfolio each shall have a minimum global monthly
trading volume of 250,000 shares, or minimum global notional volume
traded per month of $25,000,000, averaged over the last six months;
    (3) A minimum of 20 component stocks of which the most heavily
weighted component stock shall not exceed 25% of the weight of the
portfolio, and the five most heavily weighted component stocks shall
not exceed 60% of the weight of the portfolio; and
    (4) Each non-U.S. equity security underlying ADRs held by the Fund
will be listed and traded on an exchange that has last-sale reporting.
    In addition, the Fund may invest up to 15% of its net assets in
illiquid securities. For this purpose, ``illiquid securities'' are
securities that the Fund may not sell or dispose of within seven days
in the ordinary course of business at approximately the amount at which
the Fund has valued the securities.
    According to the Registration Statement, the Fund may not purchase
or sell commodities or commodity contracts unless acquired as a result
of ownership of securities or other instruments issued by persons that
purchase or sell commodities or commodities contracts; but this shall
not prevent the Fund from purchasing, selling and entering into
financial futures contracts (including futures contracts on indices of
securities, interest rates and currencies), options on financial
futures contracts (including futures contracts on indices of
securities, interest rates and currencies), warrants, swaps, forward
contracts, foreign currency spot and forward contracts or other
derivative instruments that are not related to physical commodities.\9\
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    \9\ Pursuant to the terms of the Exemptive Application, the Fund
will not invest in options contracts, futures contracts or swap
agreements.
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    The Fund, from time to time, in the ordinary course of business,
may purchase securities on a when-issued or delayed-delivery basis
(i.e., delivery and payment can take place between a month and 120 days
after the date of the transaction). The Fund may invest in U.S.
government securities and U.S. Treasury zero-coupon bonds.
    As stated in the Registration Statement, the Fund may not, with
respect to 75% of its total assets, (i) purchase securities of any
issuer (except securities issued or guaranteed by the U.S. Government,
its agencies or instrumentalities) if, as a result, more than 5% of its
total assets would be invested in the securities of such issuer; or
(ii) acquire more than 10% of the outstanding voting securities of any
one issuer.\10\ In addition, the Fund may not purchase any securities
which would cause 25% or more of its total assets to be invested in the
securities of one or more issuers conducting their principal business
activities in the same industry or group of industries, provided that
this limitation does not apply to investments in securities issued or
guaranteed by the U.S. Government, its agencies or instrumentalities,
or shares of investment companies.
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    \10\ This diversification standard is contained in Section
5(b)(1) of the 1940 Act.
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    According to the Registration Statement, the Fund will seek to
qualify for treatment as a Regulated Investment Company (``RIC'') under
the Internal Revenue Code.\11\
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    \11\ According to the Registration Statement, one of several
requirements for RIC qualification is that a Fund must receive at
least 90% of the Fund's gross income each year from dividends,
interest, payments with respect to securities loans, gains from the
sale or other disposition of stock, securities or foreign
currencies, or other income derived with respect to the Fund's
investments in stock, securities, foreign currencies and net income
from an interest in a qualified publicly traded partnership (the
``90% Test''). A second requirement for qualification as a RIC is
that a Fund must diversify its holdings so that, at the end of each
fiscal quarter of the Fund's taxable year: (a) at least 50% of the
market value of the Fund's total assets is represented by cash and
cash items, U.S. Government securities, securities of other RICs,
and other securities, with these other securities limited, in
respect to any one issuer, to an amount not greater than 5% of the
value of the Fund's total assets or 10% of the outstanding voting
securities of such issuer; and (b) not more than 25% of the value of
its total assets are invested in the securities (other than U.S.
Government securities or securities of other RICs) of any one issuer
or two or more issuers which the Fund controls and which are engaged
in the same, similar, or related trades or businesses, or the
securities of one or more qualified publicly traded partnership (the
``Asset Test'').

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    To respond to adverse market, economic, political or other
conditions, the Fund may invest 100% of its total assets, without
limitation, in high-quality short-term debt securities and money market
instruments. The Fund may be invested in these instruments for extended
periods, depending on the Sub-Advisor's assessment of market
conditions. These debt securities and money market instruments include
shares of other mutual funds, commercial paper, certificates of
deposit, bankers' acceptances, U.S. Government securities and
repurchase agreements.
    Creations and redemptions of Shares occur in large specified blocks
of Shares, referred to as ``Creation Units''. According to the
Registration Statement, the shares of the Fund are ``created'' at their
net asset value (``NAV'') by market makers, large investors and
institutions only in block-size Creation Units of 25,000 shares or
more. A ``creator'' enters into an authorized participant agreement (a
``Participant Agreement'') with the Fund's distributor (the
``Distributor'') or a DTC participant that has executed a Participant
Agreement with the Distributor (an ``Authorized Participant''), and
deposits into the Fund a portfolio of securities closely approximating
the holdings of the Fund and a specified amount of cash, together
totaling the NAV of the Creation Unit(s), in exchange for 25,000 shares
of the Fund (or multiples thereof). Similarly, Shares can only be
redeemed in Creation Units, generally 25,000 shares or more,
principally in-kind for a portfolio of securities held by the Fund and
a specified amount of cash together totaling the NAV of the Creation
Unit(s). Shares are not redeemable from the Fund except when aggregated
in Creation Units. The prices at which creations and redemptions occur
are based on the next calculation of NAV after an order is received in
a form prescribed in the Participant Agreement.
    According to the Registration Statement, the Trust reserves the
right to offer an ``all cash'' option for creations and redemptions of
Creation Units for the Fund. In addition, Creation Units may be issued
in advance of receipt of Deposit Securities subject to various
conditions, including a requirement to maintain a cash deposit with the
Trust at least equal to a specified percentage of the market value of
the missing Deposit Securities. In each instance, transaction fees may
be imposed that will be higher than the transaction fees associated
with traditional in-kind creations or redemptions. In all cases, such
fees will be limited in accordance with SEC requirements applicable to
management investment companies offering redeemable securities.
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600. The Exchange represents
that, for initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 \12\ under the Exchange Act, as provided by
NYSE Arca Equities Rule 5.3. A minimum of 100,000 Shares will be
outstanding at the commencement of trading on the Exchange. The
Exchange will obtain a representation from the issuer of the Shares
that the net asset value and the Disclosed Portfolio will be made
available to all market participants at the same time.
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    \12\ 17 CFR 240.10A-3.
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Availability of Information
    The Fund's Web site (http://www.advisorshares.com), which will be
publicly available prior to the public offering of Shares, will include
a form of the Prospectus for the Fund that may be downloaded. The
Fund's Web site will include additional quantitative information
updated on a daily basis, including, for the Fund, (1) daily trading
volume, the prior business day's reported closing price, NAV and mid-
point of the bid/ask spread at the time of calculation of such NAV (the
``Bid/Ask Price''),\13\ and a calculation of the premium and discount
of the Bid/Ask Price against the NAV, and (2) data in chart format
displaying the frequency distribution of discounts and premiums of the
daily Bid/Ask Price against the NAV, within appropriate ranges, for
each of the four previous calendar quarters. On each business day,
before commencement of trading in Shares in the Core Trading Session on
the Exchange, the Fund will disclose on its Web site the Disclosed
Portfolio as defined in NYSE Arca Equities Rule 8.600(c)(2) that will
form the basis for the Fund's calculation of NAV at the end of the
business day.\14\
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    \13\ The Bid/Ask Price of the Fund is determined using the
highest bid and the lowest offer on the Exchange as of the time of
calculation of the Fund's NAV. The records relating to Bid/Ask
Prices will be retained by the Fund and its service providers.
    \14\ Under accounting procedures followed by the Fund, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Accordingly, the Fund
will be able to disclose at the beginning of the business day the
portfolio that will form the basis for the NAV calculation at the
end of the business day.
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    On a daily basis, for each portfolio security of the Fund, the Fund
will disclose on its Web site the following information: Ticker symbol,
name of security, number of shares held in the portfolio, and
percentage weighting of the security in the portfolio. On a daily
basis, the Advisor will disclose for each portfolio security or other
financial instrument of the Fund the following information: Ticker
symbol (if applicable), name of security or financial instrument,
number of shares or dollar value of financial instruments held in the
portfolio, and percentage weighting of the security or financial
instrument in the portfolio. The Web site information will be publicly
available at no charge.
    In addition, a basket composition file, which includes the security
names and share quantities required to be delivered in exchange for
Fund shares, together with estimates and actual cash components, will
be publicly disseminated daily prior to the opening of the New York
Stock Exchange (``NYSE'') via the National Securities Clearing
Corporation. The basket represents one Creation Unit of the Fund. The
NAV of the Fund will normally be determined as of the close of the
regular trading session on the NYSE (ordinarily 4 p.m. Eastern Time) on
each business day.
    Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), the Fund's Shareholder Reports, and its Form N-
CSR and Form N-SAR, filed twice a year. The Trust's SAI and Shareholder
Reports are available free upon request from the Trust, and those
documents and the Form N-CSR and Form N-SAR may be viewed on-screen or
downloaded from the Commission's Web site at http://www.sec.gov.
Information regarding market price and trading volume of the Shares is
and will be continually available on a real-time basis throughout the
day on brokers' computer screens and other electronic services.
Information regarding the previous day's closing price and trading
volume information will be published daily in the financial section of
newspapers. Quotation and last sale information for the Shares will be
available via the Consolidated Tape Association (``CTA'') high-speed
line. In addition, the Portfolio Indicative Value, as defined in NYSE
Arca Equities Rule 8.600 (c)(3), will be disseminated by one or more
major market data vendors at least every 15 seconds during the Core
Trading Session. The dissemination of the Portfolio Indicative Value,
together with the Disclosed Portfolio, will allow investors to
determine the value of the underlying portfolio of the Fund on a daily
basis and to provide a close estimate of that value throughout the
trading day.
    Additional information regarding the Trust and the Shares,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio

holdings disclosure policies, distributions and taxes is included in
the Registration Statement. All terms relating to the Fund that are
referred to, but not defined in, this proposed rule change are defined
in the Registration Statement.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund.\15\ Trading in Shares of the Fund
will be halted if the circuit breaker parameters in NYSE Arca Equities
Rule 7.12 have been reached. Trading also may be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the securities comprising
the Disclosed Portfolio and/or the financial instruments of the Fund;
or (2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. Trading in
the Shares will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D),
which sets forth circumstances under which Shares of the Fund may be
halted.
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    \15\ See NYSE Arca Equities Rule 7.12, Commentary .04.
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Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern Time in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (which include Managed
Fund Shares) to monitor trading in the Shares. The Exchange represents
that these procedures are adequate to properly monitor Exchange trading
of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.
    The Exchange may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges that are members of
ISG.\16\
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    \16\ For a list of the current members of ISG, see http://
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio for the Fund may trade on markets that are
members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement. See e-mail from
Timothy J. Malinowski, Senior Director, Exchange, to Michou H.M.
Nguyen, Special Counsel, Commission, dated June 21, 2010.
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    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
Equity Trading Permit (``ETP'') Holders in an Information Bulletin
(``Bulletin'') of the special characteristics and risks associated with
trading the Shares. Specifically, the Bulletin will discuss the
following: (1) The procedures for purchases and redemptions of Shares
in Creation Unit aggregations (and that Shares are not individually
redeemable); (2) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (3) the risks
involved in trading the Shares during the Opening and Late Trading
Sessions when an updated Portfolio Indicative Value will not be
calculated or publicly disseminated; (4) how information regarding the
Portfolio Indicative Value is disseminated; (5) the requirement that
ETP Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (6) trading information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Exchange Act.
The Bulletin will also disclose that the NAV for the Shares will be
calculated after 4 p.m. Eastern Time each trading day.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \17\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change will facilitate the
listing and trading of additional types of actively-managed exchange-
traded products that will enhance competition among market
participants, to the benefit of investors and the marketplace.
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    \17\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.
    The Exchange has requested accelerated approval of this proposed
rule change prior to the 30th day after the date of publication of
notice in the Federal Register. The Commission is considering granting
accelerated approval of the proposed rule change at the end of a 15-day
comment period.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-57 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-57. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-57 and should be submitted on or before July 14, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15749 Filed 6-28-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 26, 2007 (Volume 72, Number 143)]
[Notices]
[Page 41067]
[DOCID:fr26jy07-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-527-000]

MIGC, Inc.; Notice of Proprosed Changes in FERC Gas Tariff

July 18, 2007.
    Take notice that on July 16, 2007, MIGC, Inc. (MIGC) tendered for
filing as a part of its FERC Gas Tariff, First Revised Volume No. 1,
the following tariff sheets with a proposed effective date of August
15, 2007:

Tenth Revised Sheet No. 4
Twelfth Revised Sheet No. 6
Original Sheet No. 52C

    MIGC states that copies of its filing have been served upon all
jurisdictional customers of MIGC and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-14409 Filed 7-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Notices]
[Page 71072-71073]
[DOCID:fr24no08-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58945; File No. SR-NYSEArca-2008-118]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Amending Its Schedule of Fees and Charges for
Exchange Services

November 13, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 3, 2008, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange''), filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services. A copy of the new Schedule, showing changes pursuant
to this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend the existing Schedule in
order to include foreign currency options (``FCO'') in the Linkage Fees
rates that are currently applied only to issues included in the Penny
Pilot.
    The Exchange has recently proposed an amendment to its rules that
will enable the Exchange to list and trade FCOs.\3\ In addition to the
issues included in the Penny Pilot, FCOs will also be quoted and traded
in one cent increments. Presently, the Exchange charges $0.45 for all
electronically executed Linkage Orders in Penny Pilot issues.\4\
Pursuant to the proposed change, the Exchange will also charge $0.45
for all electronically executed Linkage Orders in FCO's. Upon approval,
the Exchange intends to apply this reduced fee (as compared to fees
charged for Linkage Orders executed in non-eligible issues).
---------------------------------------------------------------------------

    \3\ See Securities and Exchange Commission Release No. 34-58800,
October 16, 2008, (notice of immediate effectiveness of SR-NYSEArca-
2008-109).
    \4\ The Exchange may trade option contracts in one cent
increments in certain approved issues as part of the Penny Pilot,
through March 27, 2009. See Securities Exchange Act Release No. 34-
56568 (September 27, 2007), 72 FR 56422 (October 3, 2007).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) \5\ of the Act, in general, and section 6(b)(4),\6\
in particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its members and other
persons using its facilities for the purpose of executing Linkage
orders that are routed to the Exchange from other market centers. In
most instances, this proposal decreases the applicable fees for Users.

Without this filing, orders in FCOs that access the Exchange via
Linkage will be charged more than similar electronic transactions on
the Exchange.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve the 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 e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NYSEArca-2008-118 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2008-118. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2008-118 and should be submitted on or before
December 15, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-27877 Filed 11-21-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52236-52240]
[FR Doc No: 2012-21356]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0564; FRL-9360-2]

Thifensulfuron Methyl; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
thifensulfuron methyl in or on chicory roots and chicory tops.
Interregional Research Project Number 4 (IR-4) requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective August 29, 2012. Objections and
requests for hearings must be received on or before October 29, 2012,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0564, is available at http://www.regulations.gov or at the OPP Docket in the Environmental
Protection Agency Docket Center (EPA/DC), located in EPA West, Rm.
3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2011-0564 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
October 29, 2012. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of

your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2011-0564, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statue.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), Mail Code: 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.

II. Summary of Petitioned-for Tolerance

    In the Federal Register of August 26, 2011 (76 FR 53372) (FRL-8884-
9), EPA issued a notice pursuant to FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a pesticide petition (PP 1E7885)
by IR-4, 500 College Rd. East, Suite 201W, Princeton, NJ 08540. The
petition requested that 40 CFR 180.439 be amended by establishing
tolerances for residues of the herbicide thifensulfuron methyl, methyl-
3-[[[[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)
amino]carbonyl]amino]sulfonyl]-2-thiophenecarboxylate, in or on
chicory, roots at 0.01 parts per million (ppm) and chicory, tops at
0.01 ppm. That notice referenced a summary of the petition prepared by
E.I. du Pont de Nemours and Company, the registrant, which is available
in the docket, http://www.regulations.gov. There were no comments
received in response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue* * *
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for thifensulfuron methyl including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with thifensulfuron
methyl follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    Thifensulfuron methyl has mild to low acute toxicity when
administered via the oral, inhalation and dermal routes of exposure. It
has moderate to low toxicity with respect to eye and skin irritation
and is not a dermal sensitizer. Most findings in the submitted studies
related to decreases in body weights, body weight gains, or organ
weights (a reflection of the lower body weights compared with control
weights). There were increased liver weights in male dogs and increased
thyroid/parathyroid weights in female dogs. There were no gross or
histopathological changes reported in any of the studies.
    In the rat developmental study, there were no maternal effects at
the highest dose tested (HDT). The rabbit developmental study showed a
decrease in maternal body weights at the HDT. There were no
developmental effects at the HDT. In the 2-generation rat reproduction
study there were no parental, reproductive or offspring effects. There
was an increase in quantitative susceptibility in the rat developmental
study, based on decreased mean fetal body weights, and an increase in
the incidence of small renal papillae (only at the highest dose level).
    Neurotoxicity was not observed in any of the submitted studies,
including the recently submitted neurotoxicity studies which are
currently under review. Based on the lack of neurotoxicity in the
submitted studies, a developmental neurotoxicity study (DNT) is not
required. A decrease in spleen weight was noted only in mid-dose males
in the subchronic rat study, and was considered a potential sign of
immunotoxicity. However, in the recently submitted immunotoxicity study
in female rats, dosing with thifensulfuron methyl did not affect any
immunotoxicity parameters up to the HDT of 529 milligrams//kilograms/
day.
    Thifensulfuron methyl is classified as ``not likely to be
carcinogenic to humans,'' based on acceptable chronic/carcinogenicity
studies in rats and mice at doses that are considered to be adequate,
and not excessive for the determination of carcinogenic potential;
there were no tumors observed in the studies, and the only adverse
effects were decreased body weights and body weight gains. The
available mutagenicity studies in vivo and in vitro show that
thifensulfuron methyl is neither mutagenic nor clastogenic.
    Specific information on the studies received and the nature of the
adverse effects caused by thifensulfuron-methyl as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in the document titled ``Thifensulfuron Methyl.
Human Health Risk Assessment for the Proposed Use of the Herbicide on
Chicory'' on pages 30-33 in docket ID number EPA-HQ-OPP-2011-0564.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency

estimates risk in terms of the probability of an occurrence of the
adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for thifensulfuron methyl
used for human risk assessment is shown in the following Table.

   Table--Summary of Toxicological Doses and Endpoints for Thifensulfuron Methyl for Use in Human Health Risk
                                                   Assessment
----------------------------------------------------------------------------------------------------------------
                                     Point of departure and
         Exposure/Scenario             uncertainty/safety    RfD, PAD, LOC for risk    Study and toxicological
                                             factors               assessment                  effects
----------------------------------------------------------------------------------------------------------------
Acute dietary......................  NOAEL = 159 mg/kg/day.  aRfD = 1.59 mg/kg/day.  Developmental oral toxicity
(Females 13-50 years of age).......  UFA = 10X.............  aPAD = 1.59 mg/kg/day.   in rats.
                                     UFH = 10X.............                          LOAEL = 725 mg/kg/day,
                                     FQPA SF = 1X..........                           based on an increased
                                                                                incidence of small renal
                                                                                papillae.
Chronic dietary....................  NOAEL= 4.3 mg/kg/day..  cRfD = 0.043 mg/kg/day  Carcinogenicity oral
(All populations)..................  UFA = 10X.............  cPAD = 0.043 mg/kg/day   toxicity in mice.
                                     UFH = 10X.............                          LOAEL = 128 mg/kg/day,
                                     FQPA SF = 1X..........                           based on decreased body
                                                                                weight and body weight
                                                                                gain.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
  members of the human population (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to thifensulfuron methyl, EPA considered exposure under the
petitioned-for tolerances as well as all existing thifensulfuron methyl
tolerances in 40 CFR 180.439. EPA assessed dietary exposures from
thifensulfuron methyl in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    Such effects were identified for thifensulfuron methyl. In
estimating acute dietary exposure, EPA used food consumption
information from the U.S. Department of Agriculture (USDA) 1994-1996
and 1998 Nationwide Continuing Surveys of Food Intake by Individuals
(CSFII). As to residue levels in food, EPA assumed 100 percent crop
treated (PCT) and tolerance level residues for all commodities.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996
and 1998 CSFII. As to residue levels in food, EPA assumed 100 PCT and
tolerance level residues for all commodities.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that thifensulfuron methyl does not pose a cancer risk to
humans. Therefore, a dietary exposure assessment for the purpose of
assessing cancer risk is unnecessary.
    iv. Anticipated residue and PCT information. EPA did not use
anticipated residue or PCT information in the dietary assessment for
thifensulfuron methyl. Tolerance level residues and 100 PCT were
assumed for all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for thifensulfuron methyl in drinking water. These
simulation models take into account data on the physical, chemical, and
fate/transport characteristics of thifensulfuron methyl. Further
information regarding EPA drinking water models used in pesticide
exposure assessment can be found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the First Index Reservoir Screening Tool (FIRST) and
Screening Concentration in Ground Water (SCI-GROW) models, the
estimated drinking water concentrations (EDWCs) of thifensulfuron
methyl for acute exposures are estimated to be 4.429 parts per billion
(ppb) for surface water and 0.0972 ppb for ground water. For chronic
exposures for non-cancer assessments the EDWCs are estimated to be 1.5
ppb for surface water and 0.0972 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 4.429 ppb was used to
assess the contribution to drinking water. For chronic dietary risk
assessment, the water concentration of value 1.5 ppb was used to assess
the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Thifensulfuron methyl is not registered for any specific use
patterns that would result in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found thifensulfuron methyl to share a common mechanism
of toxicity with any other substances, and thifensulfuron methyl does
not appear to produce a toxic metabolite produced by other substances.
For the purposes of this tolerance action, therefore, EPA has assumed
that thifensulfuron methyl does not have a common mechanism of toxicity
with other substances. For information regarding EPA's efforts to
determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act (FQPA) Safety Factor (SF). In applying this provision,
EPA either retains the default value of 10X, or uses a different
additional safety factor when reliable data available to EPA support
the choice of a different factor.
    2. Prenatal and postnatal sensitivity. The prenatal and postnatal
toxicology database for thifensulfuron methyl includes rat and rabbit
prenatal developmental toxicity studies and a 2-generation reproduction
toxicity study in rats. There was evidence of increased quantitative
susceptibility in the rat developmental toxicity study. At the HDT,
decreased mean fetal weights, and an increase in incidence of small
renal papillae were observed in the absence of maternal toxicity. There
was no indication of pre- or post-natal susceptibility in the rabbit
developmental or rat reproduction studies.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
    i. The toxicity database for thifensulfuron methyl is complete.
    ii. There is no indication that thifensulfuron methyl is a
neurotoxic chemical and there is no need for a developmental
neurotoxicity study or additional UFs to account for neurotoxicity.
    iii. Although there was evidence of increased quantitative
susceptibility in the rat developmental study, the Agency's degree of
concern for the increased susceptibility is low because it was only
observed in the rat developmental toxicity study and not seen in the
rabbit developmental or reproduction studies, and was observed at doses
considerably higher than the doses chosen for risk assessment; in
addition, there was a clear NOAEL for the fetal effects, and therefore
EPA's risk assessment is protective of the potential susceptibility.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100 PCT and tolerance-level residues. EPA made conservative
(protective) assumptions in the ground and surface water modeling used
to assess exposure to thifensulfuron methyl in drinking water. These
assessments will not underestimate the exposure and risks posed by
thifensulfuron methyl.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to thifensulfuron methyl will occupy less than 1% of the aPAD for
females 13-49 years old, the only population subgroup of concern.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
thifensulfuron methyl from food and water will utilize 1.4% of the cPAD
for children 3-5 years old, the population group receiving the greatest
exposure. There are no residential uses for thifensulfuron methyl.
    3. Short- and intermediate-term risk. Short- and intermediate-term
aggregate exposure takes into account short- and intermediate-term
residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
    A short- and intermediate-term adverse effect was identified;
however, thifensulfuron methyl is not registered for any use patterns
that would result in either short- and/or intermediate-term residential
exposure. Short- and intermediate-term risk is assessed based on short-
and intermediate-term residential exposure plus chronic dietary
exposure. Because there is no short- and/or intermediate-term
residential exposure and chronic dietary exposure has already been
assessed under the appropriately protective cPAD (which is at least as
protective as the POD used to assess short- and intermediate-term
risk), no further assessment of short- and intermediate-term risk is
necessary, and EPA relies on the chronic dietary risk assessment for
evaluating short- and intermediate-term risk for thifensulfuron methyl.
    4. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, thifensulfuron methyl is not expected to pose a cancer risk to
humans.
    5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population or to infants and children from aggregate
exposure to thifensulfuron methyl residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (liquid chromatograpy/mass
spectrometry/mass spectrometry (LC/MS/MS)) is available to enforce the
tolerance expression. The method may be requested from: Chief,
Analytical Chemistry Branch, Environmental Science Center, 701 Mapes
Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level. The Codex has not
established a MRL for thifensulfuron methyl in or on chicory roots and/
or tops.

V. Conclusion

    Therefore, tolerances are established for residues of
thifensulfuron methyl, methyl-3-[[[[(4-methoxy-6-methyl-1,3,5-triazin-
2-ylamino]carbonyl]amino]

sulfonyl]-2-thiophenecarboxylate, in or on chicory roots at 0.01 ppm
and chicory tops at 0.01 ppm.)

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this final rule has
been exempted from review under Executive Order 12866, this final rule
is not subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This final rule does not contain
any information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: August 17, 2012.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.439 is amended by alphabetically adding the following
commodities to the table in paragraph (a) to read as follows:

Sec.  180.439  Thifensulfuron methyl; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Chicory, roots..........................................            0.01
Chicory, tops...........................................            0.01

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

* * * * *
[FR Doc. 2012-21356 Filed 8-28-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices]
[Page 56093-56094]
[DOCID:fr15se10-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13828-000]

FFP Mass 1, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

September 3, 2010.
    On August 9, 2010, FFP Mass 1, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Cape Cod Tidal Energy
Project to be located in the Cape Cod Canal and a portion of the Hog
Island Channel, between Cape Cod Bay and Buzzards Bay, in Plymouth and
Barnstable Counties, Massachusetts. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project will consist of the following: (1) 2,000
hydrokinetic tidal devices consisting of a turbine blade assembly and
an integrated 10-kilowatt generator for a combined capacity of 20
megawatts; (2) a mooring system; (3) submersible cables connecting the
turbine-generating units to a shore station; (4) an approximately 15-
mile-long transmission line connecting the shore station to an existing
distribution line; and (5) appurtenant facilities. The estimated annual
generation of the Cape Cod Tidal Energy Project would be 53 gigawatt-
hours.
    Applicant Contact: Ramya Swaminathan, Vice President of
Development, Free Flow Power Corporation, 33 Commercial Street,
Gloucester, MA 01930; phone:<PHONE_NUMBER>.
    FERC Contact: Michael Watts<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-
filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13828-000) in the docket number field to
access the document. For

assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-22938 Filed 9-14-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Rules and Regulations]
[Pages 22880-22882]
[FR Doc No: 2017-10148]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0131]
RIN 1625-AA08

Safety Zone; Space Coast Super Boat Grand Prix; Atlantic Ocean,
Cocoa Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Ocean offshore from Cocoa Beach, FL during the
Space Coast Super Boat Grand Prix, a series of high-speed boat races.
The safety zone is necessary to ensure the safety of participant
vessels, spectators, and the general public during the event. This
regulation prohibits persons and non-participant vessels from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port (COTP) Jacksonville or a
designated representative.

DATES: This rule is effective from 10 a.m. until 5 p.m. on May 21,
2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0131 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Allan Storm, Sector Jacksonville, Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because insufficient time remains to publish
an NPRM and to receive public comments, as the Space Coast Super Boat
Grand Prix event will occur before the rulemaking process would be
completed. Because of the dangers associated with high speed boat
races, the safety zone is necessary to provide for the safety of event
participants, spectators, and vessels transiting the event area. For
those reasons, it would be impracticable and contrary to the public
interest to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The purpose of the rule is to ensure the safety of the
event participants, the general public, vessels and the navigable
waters of the Atlantic Ocean in the vicinity of Cocoa Beach, Florida
during the Space Coast Super Boat Grand Prix race event.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain navigable waters of
the Atlantic Ocean in the vicinity of Cocoa Beach, Florida during the
Space Coast Super Boat Grand Prix race event. The safety zone will
cover an offshore area approximately two and a half nautical miles long
by one-half nautical mile wide. The races are scheduled to take place
from 10 a.m. to 5 p.m. on May 21, 2017. Approximately 30 high-speed
race boats are anticipated to participate in the races. No person or
non-participant vessel will be permitted to enter, transit through,
anchor in, or remain within the safety zone without obtaining
permission from the Captain of the Port Jacksonville or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the Captain of the Port
Jacksonville or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Jacksonville or a designated representative. The
Coast Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, and/or by on-scene designated
representatives.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13771 (``Reducing Regulation and Controlling Regulatory
Costs''), directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be

identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See OMB's Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled ``Reducing Regulation and Controlling
Regulatory Costs' '' (February 2, 2017).
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for only 7
hours; (2) although persons and vessels may not enter, transit through,
anchor in, or remain within the safety zone without authorization from
the Captain of the Port Jacksonville or a designated representative,
they may operate in the surrounding area during the enforcement period;
(3) persons and vessels will still be able to enter, transit through,
anchor in, or remain within the regulated area if authorized by the
Captain of the Port Jacksonville or a designated representative; and
(4) the Coast Guard will provide advance notification of the safety
zone to the local maritime community by Local Notice to Mariners,
Broadcast Notice to Mariners, and/or by on-scene designated
representatives.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the waters of the Atlantic Ocean in the vicinity of
Cocoa Beach, Florida during a one-day racing event lasting seven hours.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A Record of
Environmental Consideration (REC) supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
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; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; and Department of Homeland Security Delegation No.
0170.

0
2. Add a temporary Sec.  165.T07-0131 to read as follows:

Sec.  165.T07-0131  Safety Zone; Space Coast Super Boat Grand Prix;
Atlantic Ocean, Cocoa Beach, FL.

    (a) Location. The following regulated area is a safety zone located
offshore from Cocoa Beach, FL: All waters of the Atlantic Ocean
encompassed within the following points: Starting at Point 1 in
position 28[deg]22'16'' N., 080[deg]36'04'' W.; thence east to Point 2
in position 28[deg]2'15'' N., 080[deg]35'38'' W.; thence south to Point
3 in position 28[deg]19'46'' N., 080[deg]35'38'' W.; thence west to
Point 4 in position 28[deg]19'47'' N., 080[deg]36'22'' W.; thence north
back to origin. These coordinates are based on North American Datum
1983.
    (b) Definition. As used in this section, the term ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or
assisting the Captain of the Port (COTP) Jacksonville in the
enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Jacksonville or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP
Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF-FM radio on channel 16 to request authorization.
If authorization is granted, all persons and vessels receiving such
authorization must comply with the instructions of the COTP
Jacksonville or designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, and/or by on-scene designated representatives.
    (d) Enforcement Period. This rule will be enforced from 10 a.m.
until 5 p.m. on May 21, 2017.

    Dated: May 8, 2017.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2017-10148 Filed 5-18-17; 8:45 am]
 BILLING CODE 9110-04-P