[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Rules and Regulations]
[Pages 40455-40457]
[FR Doc No: 2018-17595]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0348]
RIN 1625-AA00

Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Lower Mississippi River. This action is
necessary to provide for the safety of persons, vessels, and the marine
environment on these navigable waters near New Orleans, LA, during a
fireworks display. This regulation prohibits persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Sector New Orleans or a designated representative.

DATES: This rule is effective from 8:45 p.m. through 10 p.m. on August
25, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0348 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 Commander Benjamin Morgan, Sector New Orleans
Waterways Management Division, U.S. Coast Guard; telephone 504-365-
2231, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 9, 2018, AFX Pro, LLC, notified the Coast Guard that it
would be conducting a fireworks display from 9 p.m. through 10 p.m. on
August 25, 2018, for the National Guard Association of the United
States Annual Conference. The fireworks will be launched from a barge
in the Mississippi River at the approximate mile marker (MM) 96.2 above
Head of Passes, New Orleans, LA. In response, on May 14, 2018, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Lower Mississippi River, New Orleans, LA (83 FR 22225).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this fireworks display. During
the comment period that ended June 13, 2018, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is necessary to protect persons, vessels, and the marine environment
from the potential hazards associated with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector New Orleans (COTP) has determined
that potential hazards associated with the fireworks to be used in this
August 25, 2018 display will be a safety concern for anyone within a
one-mile section of the river. The purpose of this rule is to ensure
safety of vessels on the navigable waters in the safety zone before,
during, and after the fireworks display.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on
May 14, 2018. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM.
    This rule establishes a safety zone from 8:45 p.m. through 10 p.m.
on August 25, 2018. The safety zone will cover all navigable waters on
the Lower Mississippi River, between mile markers (MMs) 95.7 and 96.7
above Head of Passes. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the scheduled 9 p.m. to 10 p.m. fireworks display.
    No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector New Orleans. Vessels requiring entry
into this safety zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM Channel 16
or 67 or by telephone at<PHONE_NUMBER>. Persons and vessels permitted
to enter this safety zone must transit at their slowest safe speed and
comply with all lawful directions issued by the COTP or a designated
representative. The COTP or a designated representative will inform the
public of the enforcement times and date for this safety zone through
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs),
and/or Marine Safety Information Broadcasts (MSIBs) as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and 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). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    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
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).

    This regulatory action determination is based on the size and
duration of the safety zone. This safety zone is for only one hour and
fifteen minutes on a one-mile section of the waterway. Moreover, the
Coast Guard will issue a Broadcast Notice to Mariners (BNM) via VHF-FM
marine channel 16 about the zone, and the rule allows vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting one hour and fifteen minutes that will prohibit
entry between MM 95.7 and MM 96.7 on the Lower Mississippi River above
Head of Passes. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.

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, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0348 to read as follows:

Sec.  165.T08-0348  Safety Zone; Lower Mississippi River, New Orleans,
LA.

    (a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River, New Orleans, LA from mile marker
(MM) 95.7 to MM 96.7 above Head of Passes.
    (b) Effective period. This section is effective from 8:45 p.m.
through 10 p.m. on August 25, 2018.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Sector New Orleans (COTP) or designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector New Orleans.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67 or by telephone at<PHONE_NUMBER>.

    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs)
as appropriate.

    Dated: August 10, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-17595 Filed 8-14-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Rules and Regulations]
[Pages 5685-5686]
[FR Doc No: 2011-2223]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0036]

Drawbridge Operation Regulation; Bayou Tigre, Vermillion Parish,
LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Bayou Tigre (LA 330) bridge across Bayou Tigre, mile 2.3, near
Delcambre, Vermillion Parish, Louisiana. This deviation is necessary to
allow timely bridge rehabilitation to improve overall traffic, boat and
pedestrian safety. This deviation allows the bridge to remain closed to
vessel traffic.

DATES: This deviation is effective from 12:01 a.m. on March 1, 2011
through 11:59 p.m. on April 1, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0036 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0036 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Jim Wetherington, Bridge Management Specialist,
District 8 Bridge Branch, U.S. Coast Guard; telephone<PHONE_NUMBER> e-
mail<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation
and Development requests a temporary deviation from the published
regulation for the Bayou Tigre (LA 330) bridge (5 feet vertical
clearance when closed at mean high water) across Bayou Tigre as
required by 33 CFR 117.5: Except as otherwise authorized or required by
this part, drawbridges must open promptly and fully for the passage of
vessels when a request or signal to open is given in accordance with
this subpart. Currently, according to 33 CFR 117.507, the draw of the
Bayou Tigre (LA 330) bridge shall open on signal if at least four hours
notice is given.
    The Louisiana Department of Transportation and Development requests
a deviation to allow the bridge to remain closed to marine traffic from
12:01 a.m. on March 1, 2011 through 11:59 p.m. on April 1, 2011. This
time period has been coordinated through the waterway users and the
responsible Coast Guard Units. There is no alternative route around the
project.
    This deviation will allow the rehabilitation of the bridge to be
completed in a timely fashion. This rehabilitation is necessary to
extend the bridge life and optimize traffic and boat operations. It
will also improve overall traffic, boat and pedestrian safety.
    The deviation dates and schedule were chosen to minimize
significant effect on vessel traffic. Any vessel that does not require
an opening of the drawspan may pass at any time; the vertical clearance
is five feet mean high water when closed.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period.
    This deviation from the operating regulations is authorized under
33 CFR 117.35. This deviation may be terminated/cancelled at any time
via Broadcast Notice to Mariners.

    Dated: January 21, 2011.
David M. Frank,
Bridge Administrator.
[FR Doc. 2011-2223 Filed 2-1-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58393-58396]
[FR Doc No: 2011-24227]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 746, 747,
748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772,
and 774

[Docket No. 110804473-1484-01]
RIN 0694-AF34

Updated Statements of Legal Authority for the Export
Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule updates the Code of Federal Regulations legal
authority citations for the Export Administration Regulations (EAR) to
include the citation to the President's Notice of August 12, 2011--
Continuation of Emergency Regarding Export Control Regulations.

DATES: The rule is effective September 21, 2011. Comments may be
submitted at any time.

ADDRESSES: Comments concerning this rule should be sent to
publiccomments @bis.doc.gov, fax<PHONE_NUMBER>, or to Regulatory
Policy Division, Bureau of Industry and Security, Room H2899B, U.S.
Department of Commerce, Washington, DC 20230. Please refer to
regulatory identification number (RIN) 0694-AF34 in all comments, and
in the subject line of e-mail comments.

FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Bureau of Industry and Security, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Since the Export Administration Act of 1979, as amended (50 U.S.C.
app. sections 2401-2420 (2000)), expired in August 2001, parts 730-744
and 746-774 of the EAR (15 CFR parts 730-774) have been continued in
force pursuant to Executive Order 13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002) and the annual notices continuing the
international emergency declared in that executive order. This rule
revises 25 authority citations paragraphs in the Code of Federal
Regulations (CFR) to include the President's notice of August 12,
2011--Continuation of Emergency Regarding Export Control Regulations
(76 FR 50661, August 16, 2011), which is the most recent such annual
notice. This rule is purely procedural, and makes no changes other than
to revise CFR authority citations paragraphs. It does not change the
text of any section of the EAR, nor does it alter any right, obligation
or prohibition that applies to any person under the EAR.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
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). This rule
does not impose any regulatory burden on the public and is consistent
with the goals of Executive Order 13563. This rule has been determined
to be not significant for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
does not involve any collection of information.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring prior notice and the opportunity for public comment
because they are unnecessary. This rule only updates legal authority
citations. It clarifies information and is non-discretionary. This rule
does not alter any right, obligation or prohibition that applies to any
person under the EAR. Because these revisions are not substantive
changes, it is unnecessary to provide notice and opportunity for public
comment. In addition, the 30-day delay in effectiveness required by 5
U.S.C. 553(d) is not applicable because this rule is not a substantive
rule. Because neither the Administrative Procedure Act nor any other
law requires that notice of proposed rulemaking and an opportunity for
public comment be given for this rule, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not
applicable.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.

15 CFR Parts 732, 740, 748, 750, 752, and 758

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.

15 CFR Parts 736, 738, 770, and 772

    Exports.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 747

    Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.

15 CFR Part 754

    Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.

15 CFR Part 756

    Administrative practice and procedure, Exports, Penalties.

15 CFR Part 760

    Boycotts, Exports, Reporting and recordkeeping requirements.

15 CFR Part 762

    Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.

15 CFR Part 764

    Administrative practice and procedure, Exports, Law enforcement,
Penalties.

15 CFR Part 766

    Administrative practice and procedure, Confidential business
information, Exports, Law enforcement, Penalties.

15 CFR Part 768

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements, Science and technology.

    Accordingly, parts 730, 732, 734, 736, 738, 740, 742, 743, 744,
746, 747, 748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770,
772 and 774 of the EAR (15 CFR parts 700-774) are amended as follows:

PART 730--[AMENDED]

0
1. The authority citation for 15 CFR part 730 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151
note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C.
1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42
FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O.
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224,
66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, 3
CFR Comp., p. 168; Notice of August 12, 2011, 76 FR 50661 (August
16, 2011); Notice of November 4,

2010, 75 FR 68673 (November 8, 2010); Notice of January 13, 2011, 76
FR 3009 (January 18, 2011).

PART 732--[AMENDED]

0
2. The authority citation for 15 CFR part 732 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2011, 76
FR 50661 (August 16, 2011).

PART 734--[AMENDED]

0
3. The authority citation for 15 CFR part 734 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011);
Notice of November 4, 2010, 75 FR 68673 (November 8, 2010).

PART 736--[AMENDED]

0
4. The authority citation for 15 CFR part 736 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR Comp., p.
168; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011);
Notice of November 4, 2010, 75 FR 68673 (November 8, 2010).

PART 738--[AMENDED]

0
5. The authority citation for 15 CFR part 738 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011).

PART 740--[AMENDED]

0
6. The authority citation for 15 CFR part 740 is revised to read as
follows:

     Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 12, 2011, 76 FR 50661 (August 16, 2011).

PART 742--[AMENDED]

0
7. The authority citation for 15 CFR part 742 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec 1503, Pub. L 108-11, 117 Stat. 559; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR,
1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination
2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011); Notice of November 4, 2010,
75 FR 68673 (November 8, 2010).

PART 743--[AMENDED]

0
8. The authority citation for 15 CFR part 743 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 744--[AMENDED]

0
9. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 12, 2011, 76 FR 50661
(August 16, 2011); Notice of November 4, 2010, 75 FR 68673 (November
8, 2010); Notice of January 13, 2011, 76 FR 3009 (January 18, 2011).

PART 746--[AMENDED]

0
10. The authority citation for 15 CFR part 746 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Pub. L 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May
16, 2003; Presidential Determination 2007-7 of December 7, 2006, 72
FR 1899 (January 16, 2007); Notice of August 12, 2011, 76 FR 50661
(August 16, 2011).

PART 747--[AMENDED]

0
11. The authority citation for 15 CFR part 747 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011).

PART 748--[AMENDED]

0
12. The authority citation for 15 CFR part 748 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2011, 76
FR 50661 (August 16, 2011).

PART 750--[AMENDED]

0
13. The authority citation for 15 CFR part 750 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR
26459, May 16, 2003; Notice of August 12, 2011, 76 FR 50661 (August
16, 2011).

PART 752--[AMENDED]

0
14. The authority citation for 15 CFR part 752 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2011, 76 FR
50661 (August 16, 2011).

PART 754--[AMENDED]

0
15. The authority citation for 15 CFR part 754 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 30 U.S.C. 185(s), 185(u); 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; E.O. 11912, 41 FR
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 12, 2011, 76 FR 50661 (August
16, 2011).

PART 756--[AMENDED]

0
16. The authority citation for 15 CFR part 756 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 758--[AMENDED]

0
17. The authority citation for 15 CFR part 758 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025,

3 CFR, 2001 Comp., p. 783; Notice of August 12, 2011, 76 FR 50661
(August 16, 2011).

PART 760--[AMENDED]

0
18. The authority citation for 15 CFR part 760 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 762--[AMENDED]

0
19. The authority citation for 15 CFR part 762 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 764--[AMENDED]

0
20. The authority citation for 15 CFR part 764 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 766--[AMENDED]

0
21. The authority citation for 15 CFR part 766 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 768--[AMENDED]

0
22. The authority citation for 15 CFR part 768 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 770--[AMENDED]

0
23. The authority citation for 15 CFR part 770 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 772--[AMENDED]

0
24. The authority citation for 15 CFR part 772 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

PART 774--[AMENDED]

0
25. The authority citation for 15 CFR part 774 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011).

    Dated: September 15, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-24227 Filed 9-20-11; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40182-40183]
[FR Doc No: 2014-16188]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72545; File No. SR-BOX-2014-19]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change to
amend Interpretive Material to Rule 7150 (Price Improvement Period
``PIP'') and Interpretive Material to Rule 7245 (Complex Order Price
Improvement Period ``COPIP'')

July 7, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 1, 2014, BOX Options Exchange LLC (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule 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 Interpretive Material to Rule 7150
(Price Improvement Period ``PIP'') and Interpretive Material to Rule
7245 (Complex Order Price Improvement Period ``COPIP'') to extend the
pilot programs that permit the Exchange to have no minimum size
requirement for orders entered into the PIP (``PIP Pilot Program'') and
COPIP (``COPIP Pilot Program''). The text of the proposed rule change
is available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://boxexchange.com.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 the proposed rule change is to extend the PIP and
COPIP Pilot Programs for three additional months. The PIP and COPIP
Pilot Programs allow the Exchange to have no minimum size requirement
for orders entered into the PIP \3\ and the COPIP.\4\ The Exchange has
committed to provide certain data to the Commission during the PIP and
COPIP Pilot Programs.\5\ The proposed rule change retains the text of
IM-7150-1 to Rule 7150 and IM-7245-1 to Rule 7245; and seeks to extend
the operation of the PIP and COPIP Pilot Programs until October 18,
2014.
---------------------------------------------------------------------------

    \3\ The Pilot Program is currently set to expire on July 18,
2014. See Securities Exchange Act Release Nos. 66871 (April 27,
2012) 77 FR 26323 (May 3, 2012) (File No.10-206, In the Matter of
the Application of BOX Options Exchange LLC for Registration as a
National Securities Exchange Findings, Opinion, and Order of the
Commission), 67255 (June 26, 2012) 77 FR 39315 (July 2, 2013) (SR-
BOX-2012-009) (Notice of Filing and Immediate Effectiveness of a
Proposal To Extend a Pilot Program That Permits BOX to Have No
Minimum Size Requirement for Orders Entered Into the Price
Improvement Period), and 69846 (June 25, 2013) 78 FR 39365 (July 1,
2013) (SR-BOX-2013-33) (Notice of Filing and Immediate Effectiveness
of a Proposal To Extend a Pilot Program That Permits BOX to Have No
Minimum Size Requirement for Orders Entered Into the Price
Improvement Period).
    \4\ The Pilot Program is currently set to expire on July 18,
2014. See Securities Exchange Act Release No. 71148 (December 19,
2013) 78 FR 78437 (December 26, 2013) (Notice of Filing of Amendment
Nos. 1 and 2 and Order Granting Accelerated Approval of a Proposed
Rule Change, as Modified by Amendment Nos. 1 and 2, to Permit
Complex Orders to Participate in Price Improvement Periods).
    \5\ See supra note 3 at 26334 and note 4 at 78441.
---------------------------------------------------------------------------

    The Exchange notes that the PIP and COPIP Pilot Programs guarantee
Participants the right to trade with their customer orders that are
less than 50 contracts. In particular, any order entered into the PIP
is guaranteed an execution at the end of the auction at a price at
least equal to the national best bid or offer. Any order entered into
the COPIP is guaranteed an execution at the end of the auction at a
price at least equal to or better than the cNBBO,\6\ cBBO,\7\ and BBO
on the Complex Order Book for the Strategy at the time of commencement.
In further support of this proposed rule change, the Exchange will
submit to the Commission monthly a PIP Pilot Program Report and a COPIP
Pilot Program Report, offering detailed data from, and analysis of, the
PIP Pilot Program and COPIP Pilot Program.
---------------------------------------------------------------------------

    \6\ As defined in BOX Rule 7240(a)(3), the term ``cNBBO'' means
the best net bid and offer price for a Complex Order Strategy based
on the NBBO for the individual options components of such Strategy.
    \7\ As defined in BOX Rule 7240(a)(1), the term ``cBBO'' means
the best net bid and offer price for a Complex Order Strategy based
on the BBO on the BOX Book for the individual options components of
such Strategy.
---------------------------------------------------------------------------

    The Exchange believes that, by extending the expiration of the PIP
and COPIP Pilot Programs, the proposed rule change will allow for
further analysis of the PIP and COPIP Pilot Programs and a
determination of how the PIP and COPIP Pilot Programs shall be
structured in the future.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
The Exchange believes that the data demonstrates that there is
sufficient investor interest and demand to extend the PIP and COPIP
Pilot Programs for an additional three months. The Exchange represents
that the PIP and COPIP Pilot Programs are designed to create tighter
markets and ensure that each order receives the best possible price.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange
believes that, by extending the expiration of the PIP and COPIP

Pilot Programs, the proposed rule change will allow for further
analysis of the PIPP and COPIP Pilot Programs and a determination of
how the PIP and COPIP Pilot Programs shall be structured in the future.
In doing so, the proposed rule change will also serve to promote
regulatory clarity and consistency, thereby reducing burdens on the
marketplace and facilitating investor protection.

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

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

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has met this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \13\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requested
that the Commission waive the 30-day operative delay. The Exchange
noted that such waiver will permit the PIP and COPIP Pilot Programs to
continue without interruption.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding any potential investor confusion that could result from a
temporary interruption in the pilot program. Further, the Commission
notes that, because the filing was submitted for immediate
effectiveness on July 1, 2014, the fact that the current rule provision
does not expire until July 18, 2014 will afford interested parties the
opportunity to comment on the proposal before the Exchange requires it
to become operative. For this reason, the Commission designates the
proposed rule change to be operative on July 18, 2014.\14\
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2014-19 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2014-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2014-19 and should be
submitted on or before August 1, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-16188 Filed 7-10-14; 8:45 am]
BILLING CODE 8011-01-P


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<META name="generator" content="PDFCreactiveX HTML Export">
<META name="creation-date" content="01/07/2008 07:06:27 ">
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Ex. 0035

CD TITLED “ROADWAY SAFETY +:  A Road

Construction Industry Consortium Training Program

CD is available for viewing in the OSHA Docket Office/Technical Data Center, FPB, 200 Constitution Avenue, Rm. N2625, Washington, DC 20210

See Docket Staff


[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Page 69078]
[FR Doc No: 2010-28380]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9224-7]

Workshop To Review Draft Materials for the Lead (Pb) Integrated
Science Assessment (ISA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Workshop.

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

SUMMARY: As part of the review of the air quality criteria and National
Ambient Air Quality Standards (NAAQS) for Lead (Pb), EPA is announcing
that a workshop to evaluate initial draft materials for the Pb
Integrated Science Assessment (ISA) is being organized by EPA's
National Center for Environmental Assessment (NCEA) within the Office
of Research and Development. The workshop will be held on December 2
and 3, 2010 in Research Triangle Park, NC and will be open to
attendance by interested public observers on a first-come first-serve
basis up to the limits of available space.

DATES: The workshop will be held on December 2 and 3, 2010 at 8 a.m.
and end at 5 p.m.

ADDRESSES: The workshop will be held in the Auditorium of EPA's main
campus, 109 T.W. Alexander Drive, Research Triangle Park, NC. The EPA
contractor, Versar, is providing logistical support for the workshop.

FOR FURTHER INFORMATION CONTACT: Questions regarding information,
registration, and logistics for the workshop should be directed to
Bethzaida Colon, Versar, Inc., Conference Coordinator, 6850 Versar
Center, Springfield, VA 22151, telephone:<PHONE_NUMBER>; facsimile: 703-
642-6809; e-mail<EMAIL_ADDRESS>Questions regarding the scientific
and technical aspects of the workshop should be directed to Dr. Ellen
Kirrane, telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Summary of Information About the Workshop

    Section 109-(d) of the Clean Air Act requires the U.S.
Environmental Protection Agency (EPA) to conduct periodic reviews of
the air quality criteria for each air pollutant listed under section
108 of the Act. Based on such review, EPA is to retain or revise the
NAAQS for a given pollutant as appropriate. As part of these reviews,
NCEA assesses newly available scientific information and develops ISA
documents (formerly known as Criteria Documents) that provide the
scientific basis for the reviews of the NAAQS for Pb, particulate
matter, carbon monoxide, nitrogen oxides, sulfur oxides, and ozone.
Based on the information in the ISA, EPA's Office of Air Quality
Planning and Standards typically conducts quantitative and qualitative
risk and exposure assessments. The ISA and the risk/exposure
assessments are used to prepare a policy assessment that informs
subsequent rulemaking actions.
    NCEA-RTP is holding this workshop to inform the Agency's evaluation
of the scientific evidence for the review of the NAAQS for Pb. The
purpose of the workshop is to obtain review of the scientific content
of initial draft materials or sections for the draft ISA. Workshop
sessions will include review and discussion of initial draft sections
on the health effects evidence from in vivo and in vitro animal
toxicology studies, and from epidemiology studies as well as evidence
of the ecological effects of Pb. In addition, roundtable discussions
will help identify key studies or concepts within each discipline to
assist EPA in integrating within and across disciplines. This workshop
is intended to help ensure that the ISA is up-to-date and focuses on
the key evidence to inform the scientific understanding for the review
of the NAAQS for Pb. EPA is planning to release the first external
review draft ISA for Pb for review by the Clean Air Scientific Advisory
Committee and the public in May 2011.

II. Workshop Information

    Members of the public may attend the workshop as observers. Space
is limited, and reservations will be accepted on a first-come, first-
serve basis.

    Dated: Novemer 2, 2010.
Darrell A. Winner,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2010-28380 Filed 11-9-10; 8:45 am]
BILLING CODE 6560-50-P


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<Bayer CropScience>

<7F7200>

<	EPA has received a pesticide petition (7F7200) from Bayer CropScience, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC  27709 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.>

<(Options (pick one)>

<	1. by establishing a tolerance for residues of>

<	2. to establish an exemption from the requirement of a tolerance for>

<	  SEQ CHAPTER \h \r 1 Cyfluthrin; cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2-dimeth yl-cyclopropanecarboxylate in or on the raw agricultural commodities barley, grain; buckwheat, grain; millet, grain; oats, grain; rye, grain; triticale, grain and wheat, grain at 0.15 parts per million (ppm), corn, field, grain; corn, pop, grain; teosinte, grain and corn, sweet, kernel plus cob with husks removed at 0.05 parts per million (ppm), sorghum, grain at 3.5 parts per million (ppm), grain, cereal, forage, group 16 (except Rice) at 25.0 parts per million (ppm), grain, cereal, stover, group 16 (except Rice) at 30.0 parts per million (ppm), grain, cereal, hay, group 16 (except Rice) at 6.0 parts per million (ppm), and grain, cereal, straw, group 16 (except Rice) at 7.0 parts per million (ppm) and beta-cyfluthrin; cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2-dimeth yl-cyclopropanecarboxylate [mixture comprising the enantiomeric pair (R)-α-cyano-4-fluoro-3-phenoxybenzyl (1S,3S)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate and (S)-α-cyano-4-fluoro-3-phenoxybenzyl (1R,3R)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate with the enantiomeric pair (R)-α-cyano-4-fluoro-3-phenoxybenzyl (1S,3R)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate and (S)-α-cyano-4-fluoro-3-phenoxybenzyl (1R,3S)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate] in or on the raw agricultural commodities Alfalfa, forage at 5.0 parts per million (ppm),  Alfalfa, hay at 13 parts per million (ppm),  Barley, bran at 0.5 parts per million (ppm),  Barley, grain at 0.15 parts per million (ppm),  Beet, sugar, dried pulp at 1.0 parts per million (ppm),  Beet, sugar, roots at 0.10 parts per million (ppm),  Brassica, head and stem, subgroup 5A at 2 5 parts per million (ppm),  Buckwheat, grain at 0.15 parts per million (ppm),  Carrot, roots at 0.20 parts per million (ppm),  Cattle, fat at 2.0 parts per million (ppm),  Cattle, meat at 0.10 parts per million (ppm),  Cattle, meat byproducts at 0.10 parts per million (ppm),  Citrus, dried pulp at 0.3 parts per million (ppm),  Citrus, oil at 0.3 parts per million (ppm),  Corn, field, grain at 0.05 parts per million (ppm),  Corn, sweet, kernel plus cob with husks removed at 0.05 parts per million (ppm),  Cotton, hulls at 2.0 parts per million (ppm),  Cotton, refined oil at 2.0 parts per million (ppm),  Cotton, seed at 1.0 parts per million (ppm),  Egg at 0.01 parts per million (ppm),  Fruit, citrus, group 10 at 0.2 parts per million (ppm),  Goat, fat at 2.0 parts per million (ppm),  Goat, meat at 0.05 parts per million (ppm),  Goat, meat byproducts at 0.05 parts per million (ppm),  Grain, cereal, forage, fodder and hay, group 16, forage, except rice at 25 parts per million (ppm),  Grain, cereal, forage, fodder and hay, group 16, hay except rice at 6.0 parts per million (ppm),  Grain, cereal, forage, fodder and hay, group 16, stover, except rice at 30 parts per million (ppm),  Grain, cereal, forage, fodder and hay, group 16, straw, except rice at 7.0 parts per million (ppm),  Grass, forage, fodder and hay, group 17, forage at 12 parts per million (ppm),  Grass, forage, fodder and hay, group 17, hay at 50 parts per million (ppm),  Hog, fat at 0.5 parts per million (ppm),  Hog, meat at 0.01 parts per million (ppm),  Hog, meat byproducts at 0.01 parts per million (ppm),  Hop, dried cones at 20.0 parts per million (ppm),  Hop, vine at 4.0 parts per million (ppm),  Horse, fat at 2.0 parts per million (ppm),  Horse, meat at 0.05 parts per million (ppm),  Horse, meat byproducts at 0.05 parts per million (ppm),  Lettuce, head at 2.0 parts per million (ppm),  Lettuce, leaf at 3.0 parts per million (ppm),  Milk at 0.2 parts per million (ppm),  Milk, fat at 5.0 parts per million (ppm),  Millet, grain at 0.15 parts per million (ppm),  Mustard greens at 7.0 parts per million (ppm),  Oat, bran at 0.5 parts per million (ppm),  Oat, grain at 0.15 parts per million (ppm),  Pea, dry, seed at 0.15 parts per million (ppm),  Pea, southern, succulent at 0.25 parts per million (ppm),  Pepper at 0.50 parts per million (ppm),  Potato at 0.01 parts per million (ppm),  Poultry, fat at 0.01 parts per million (ppm),  Poultry, meat at 0.01 parts per million (ppm),  Poultry, meat byproducts at 0.01 parts per million (ppm),  Radish, roots at 1.0 parts per million (ppm),  Rye, bran at 0.5 parts per million (ppm),  Rye, grain at 0.15 parts per million (ppm),  Sheep, fat at 2.0 parts per million (ppm),  Sheep, meat at 0.05 parts per million (ppm),  Sheep, meat byproducts at 0.05 parts per million (ppm),  Sorghum, grain, at 3.5 parts per million (ppm),  Soybean, forage at 8.0 parts per million (ppm),  Soybean, hay at 4.0 parts per million (ppm),  Soybean, seed at 0.03 parts per million (ppm),  Sugarcane, cane at 0.05 parts per million (ppm),  Sugarcane, molasses at 0.20 parts per million (ppm),  Sunflower, forage at 5.0 parts per million (ppm),  Sunflower, seed at 0.02 parts per million (ppm),  Teosinte, grain at 0.05 parts per million (ppm),  Tomato at 0.20 parts per million (ppm),  Tomato, paste at 0.5 parts per million (ppm),  Tomato, pomace at 5.0 parts per million (ppm),  Triticale, grain at 0.15 parts per million (ppm),  Wheat, bran at 0.5 parts per million (ppm),  Wheat milled by product, except flour at 5.0 parts per million (ppm), Wheat, grain at 0.15 parts per million (ppm).  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of the FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.>

<A. Residue Chemistry>

<	1. Plant metabolism.>    SEQ CHAPTER \h \r 1 The metabolism of cyfluthrin in plants is adequately understood. Studies have been conducted to delineate the metabolism of radiolabeled cyfluthrin in various crops all showing similar results. The residue of concern is cyfluthrin.

<	2. Analytical method.   SEQ CHAPTER \h \r 1 Adequate analytical methodology using GC/EC detection is available for enforcement purposes. >

<	3. Magnitude of residues.  Residue trials supporting separate tolerances for the various cereal grain (group 15, except rice) commodities (barley, buckwheat, corn, millet, oats, rye, sorghum, and wheat) and cereal group 16 (except rice) were previously submitted and were reviewed by EPA. No new or additional studies are required or were performed.  The respective residue trials were conducted in sorghum (MRID No.: 42433001, 42433003, 43567303, 43567307), wheat (MRID No.: No.: 43567301, 43567305, 45655802, 45655805, 45655806), and corn (MRID No.: 42005488, 42005489, 42005490, 42005491, 42005496, 42005497, 43567302, 43567306, 44629605, 44665701, 44815305, 46661501).

Proposed tolerances for beta-cyfluthrin are the same as already established for cyfluthrin and supported by the residue trials already accepted by EPA for cyfluthrin.

<B. Toxicological Profile>

<	1. Acute toxicity.    SEQ CHAPTER \h \r 1 There is a full battery of acute toxicity studies for cyfluthrin supporting an overall toxicity Category II for the active ingredient.>

<	2. Genotoxicty.   SEQ CHAPTER \h \r 1 Based on the results of a complete genotoxicity database, there is no evidence of mutagenicity activity in a battery of studies, including several gene mutation assays (reverse mutation and recombination assays in bacteria and a Chinese hamster ovary(CHO)/HGPRT assay), a structural chromosome aberration assay (CHO/sister chromatid exchange assay), and an unscheduled DNA synthesis assay in rat hepatocytes. All tests were negative for genotoxicity.  >

<	3. Reproductive and developmental toxicity.   SEQ CHAPTER \h \r 1 A developmental toxicity study in rats with beta-cyfluthrin indicated a maternal NOAEL of 3 mg/kg bw/day based on reduced body weight gain and food consumption at 10 mg/kg bw/day.  The developmental NOAEL was 10 mg/kg bw/day, based on reduced fetal body weights and increased skeletal variations at the maternally toxic dose of 40 mg/kg bw/day.   An oral developmental toxicity study in rabbits with cyfluthrin indicated a maternal NOAEL of 20 mg/kg bw/day and a maternal LOAEL of 60 mg/kg bw/day, based on decreased body weight gain and decreased food consumption during the dosing period.  A fetal NOAEL of greater than 180 mg/kg bw/day was also observed in this study.  A two-generation  reproduction study in rats indicated parental and offspring NOAELs of 3.0 mg/kg bw/day, based on reductions in body weight and food consumption in the parents and course tremors and decreased mean litter weights in the offspring at 9.0 mg/kg bw/day.  The NOAELs were confirmed in a supplemental two-generation study. >

<	4. Subchronic toxicity.    SEQ CHAPTER \h \r 1  In a 90-day feeding study in rats with beta-cyfluthrin the resulting NOAEL was 9.5 mg/kg bw/day, based on decreased body weight gain, gait abnormalities, skin lesions and mortality seen at 37.5 mg/kg bw/day.  A six-month toxicity feeding study in dogs established a NOAEL of 5 mg/kg bw/day for cyfluthrin.  The LOAEL was 15 mg/kg bw/day based on clinical signs of neurotoxicity and gastrointestinal disturbances.

Two subchronic inhalation studies were conducted with cyfluthrin.  In the first study cyfluthrin was administered via inhalation for five days per week for 4 weeks.  The resulting NOAEL was 0.44 mg/m3, based on treatment-related behavioral effects, body weight decreases and clinical chemistry changes at 6.0 mg/m3.  In the second study cyfluthrin was administered via inhalation for 13 weeks.  The resulting NOAEL was 0.09 mg/m3, based treatment-related behavioral effects in females and increased urinary protein in males at 0.71 mg/m3. >

<	5. Neurotoxicity.    SEQ CHAPTER \h \r 1 An acute neurotoxicity study in rats was conducted using beta-cyfluthrin.  The NOAEL for this study is 2 mg/kg, based on clinical signs, changes in FOB parameters and decreases in motor activity noted at 10 mg/kg.  In a subchronic neurotoxicity study with beta-cyfluthrin the resulting NOAEL was 8 mg/kg, based on clinical signs, changes in FOB parameters, and slightly decreased body weight gain and food consumption at 27 mg/kg/day.  In a developmental neurotoxicity study with beta-cyfluthrin the resulting maternal and offspring NOAEL was 11.0 mg/kg body weight/day based on decreased body weight and a change in startle response in PND 22 male pups.  The database for cyfluthrin is complete and there is no indication of pre- or post-natal susceptibility.  There is no indication of delayed neurotoxicity as a result of exposure to cyfluthrin.  >

<	6. Chronic toxicity.    SEQ CHAPTER \h \r 1 A 12-month chronic feeding study in dogs established a no-observed adverse effect level (NOAEL) of 2.4 mg/kg bw/day (males) and 3.6 mg/kg bw/day (females). The lowest effect level (LOAEL) for this study is established at 11 mg/kg bw/day, clinical signs, gait abnormalities and abnormal postural reactions in males and females.  A 24-month chronic feeding/ carcinogenicity study in rats demonstrated a NOAEL of 2.6 mg/kg bw/day and LOAEL of 11.6 mg/kg bw/day, based on decreased body weights.  A 24-month carcinogenicity study in mice was conducted.  The NOAEL was 31.9 (males) and 140.6 (females) mg/kg/bw/day.  The LOAEL was 114.8 mg/kg bw/day (males) based on ear skin lesions and reduced body weight gains, and 309.7 mg/kg bw/day (females) based on clinical signs, macroscopic and microscopic pathology findings and reduced body weights, body weight gains, and food consumption. Under the conditions of these studies, there was no evidence of carcinogenic potential.  >

<	7. Animal metabolism.    SEQ CHAPTER \h \r 1 A metabolism study in rats showed that cyfluthrin is rapidly absorbed and excreted, mostly as conjugated metabolites in the urine, within 48 hours. An enterohepatic circulation was observed.  >

<	8. Metabolite toxicology.   SEQ CHAPTER \h \r 1 The residue of concern is cyfluthrin.  No toxicology data have been required for cyfluthrin metabolites. Available data indicate that the metabolites are much less toxic than the parent and are not of concern. >

<	9. Endocrine disruption.   SEQ CHAPTER \h \r 1 There is no evidence of endocrine effects in any of the studies conducted with cyfluthrin, thus, there is no indication at this time that cyfluthrin causes endocrine effects. >

<C. Aggregate Exposure>

<	1. Dietary exposure.     SEQ CHAPTER \h \r 1 The insecticide cyfluthrin has uses on food crops in agriculture and also non-dietary uses for homeowners.  Aggregate exposure for cyfluthrin should consider dietary exposure, both food and drinking water and non-dietary exposure both applicator and post application exposure.  For the dietary exposure an acute Population Adjusted Dose (aPAD) of 0.02 mg/kg bw/day was selected using an uncertainty factor of 100 based on the acute neurotoxicity study.  A chronic Population Adjusted Dose (cPAD) of 0.024 mg/kg bw/day was based on the chronic toxicity test in dogs with an uncertainty factor of 100.>

<	i. Food.    SEQ CHAPTER \h \r 1 Chronic and acute dietary exposure estimates resulting from the above listed proposed use and the registered uses of cyfluthrin are well within acceptable limits for all sectors of the population.  Potential dietary exposures from food were estimated using the DEEM™ software system (Exponent, Inc.) and the 1994-96 and 1998 USDA consumption data. For the chronic analysis, mean residue values were calculated from the appropriate field trial studies conducted for cyfluthrin and submitted as part of the cyfluthrin petitions.  For the acute analysis, the entire distribution of field trial residue values was used for non-blended and partially blended commodities and the mean value used for blended commodities.  Processing factors were obtained from GLP processing studies for the appropriate commodities.  Percent crop treated values were based on EPA’s dietary risk assessments (15-Aug-02) and on Bayer CropScience projections for crops added since then.  For the crops from grain cereals groups 15 and 16 100 % crop treated was assumed. Using these data and assumptions for the acute analysis the most highly exposed sub-population was Children 1-2 years old at 53 % (0.0105 mg/kg bw/day for food incl. drinking water) of the acute PAD with the US Population at 32 % (0.00638 mg/kg bw/day for food incl. drinking water) of the acute PAD.  For the chronic analysis, the most highly exposed sub-population was Children 1-2 utilizing 17 % (0.0041 mg/kg bw/day for food incl. drinking water) of the chronic PAD.  The US Population utilized 5 % (0.0012 mg/kg bw/day for food incl. drinking water) of the chronic PAD.  Actual exposures are likely to be much less because of the many conservative assumptions incorporated in this analysis.  >

<	ii. Drinking Water.  The estimated drinking water concentration was taken form   SEQ CHAPTER \h \r 1 US EPA’s calculation of the drinking water estimated environmental concentrations (EEC) for cyfluthrin published in the Federal Register (FR Vol 70, no. 176, 13-Sep-05). These EECs were directly incorporated into the calculation of the dietary exposure. >

<	2. Non-dietary exposure.    SEQ CHAPTER \h \r 1 Non-occupational exposure to cyfluthrin may occur as a result of inhalation or contact from indoor residential, indoor commercial and outdoor residential uses.  Pursuant to the requirements of FIFRA as amended by the Food Quality Protection Act of 1996 non-dietary and aggregate risk analyses for cyfluthrin were conducted.  The analyses include evaluation of potential non-dietary acute application and post-application exposures.  Non-occupational, non-dietary exposure was assessed based on the assumption that a flea infestation control scenario represents a “worst case” scenario.  For the flea control infestation scenario indoor fogger, and professional residential turf same day treatments were included for cyfluthrin.  Deterministic (point values) were used to present a worse case upper-bound estimate of non-dietary exposure.  The non-dietary exposure estimates were expressed as systemic absorbed doses for a summation of inhalation, dermal and incidental ingestion exposures.  These worst-case non-dietary exposures were aggregated with chronic dietary exposures to evaluate potential health risks that might be associated with cyfluthrin products.  The chronic dietary exposures were expressed as an oral absorbed dose to combine with the non-dietary systemic absorbed doses for comparison to a systemic absorbed dose no-observed-effect-level (NOEL).  Results for each potential exposed subpopulation (of adults, children 1-6 years, and infants <1 year) were compared to the systemic absorbed dose NOEL for cyfluthrin to provide estimates of margins of exposure (MOE).  The large MOEs for cyfluthrin clearly demonstrate a substantial degree of safety.  The total non-dietary MOEs are 3800, 2700, and 2500 for adults, children (1-6 years), and infants (<1 year), respectively.  The non-dietary methods used in the analyses can be characterized as highly conservative due to the conservatism inherent in the calculation procedures and input assumptions.  An example of this is the conservatism inherent in the jazzercise methodology’s over-representation of residential post-application exposures.  Therefore, it can be concluded that large MOEs associated with potential non-dietary and aggregate exposures to cyfluthrin will result in little or no health risks to exposed persons.  >

<D. Cumulative Effects>

<	  SEQ CHAPTER \h \r 1 Cyfluthrin is a member of the pyrethroid class of pesticides. EPA is not currently following a cumulative risk approach based on a common mechanism of toxicity for the pyrethroids while research on this subject is still ongoing (FR Vol. 70, No. 176, 13-Sep-05).  >

<E. Safety Determination>

<	1. U.S. population.    SEQ CHAPTER \h \r 1 Using the assumptions and data described above, based on the completeness and reliability of the toxicity data, it is concluded that chronic dietary exposure to the registered and proposed uses of cyfluthrin will utilize at most 5 % of the chronic PAD for the US Population.  The acute dietary exposure to cyfluthrin will utilize at most 32 % of the acute PAD.  The actual exposure both acute and chronic is likely to be much less as more realistic data and models are developed.  EPA generally has no concern for exposures below 100% of the PAD because the PAD represents the level at or below which daily aggregate exposure over a lifetime will not pose appreciable risk to human health.   Potential exposure from drinking water was included in the calculations.  Large margins of safety exist for the non-dietary and aggregate exposure.  Therefore, there is a reasonable certainty that no harm will occur to the US Population from aggregate exposure (food, drinking water and non-dietary) to residues of cyfluthrin.  >

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rin, therefore the FQPA safety factor can be removed. Using the assumptions and data described in the exposure section above, the percent of the chronic PAD that will be used for exposure to residues of cyfluthrin in food for Children 1-2 years old (the most highly exposed sub-population) is 17 %.  Infants utilize 8.6 % of the chronic PAD.  For the acute assessment Children 1-2 years old utilize 53 % of the acute PAD and Infants utilize 38 % of the acute PAD.  As in the adult situation, drinking water exposure was included in the calculation of the PAD.  As with adults, large margins of safety exist for the non-dietary and aggregate exposure for infants and children.  Therefore, there is a reasonable certainty that no harm will occur to infants and children from aggregate exposure to residues of cyfluthrin.  >

<F. International Tolerances>

<	Cyfluthrin is a broad spectrum insecticide used throughout the world to control pests in crop and non-crop use areas.  CODEX MRL exist for cyfluthrin for apples at 0.5 ppm, cattle milk at 0.01 ppm, cotton seed at 0.05 ppm, maize at 0.05 ppm, peppers, sweet at 0.2 ppm, rape seed at 0.05 ppm and tomatoes at 0.5 ppm.  There is no existing international tolerance for the proposed new use.  >


[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21629-21631]
[FR Doc No: 2014-08788]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0058]
RIN 1625-AA00

Safety Zone; Lucas Oil Drag Boats Racing Series; Lake Havasu
City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Colorado River in Lake Havasu, AZ for the Lucas Oil
Drag Boats Racing Series from May 2, 2014 through May 4, 2014. The
safety zone would be in effect from 7 a.m. to 7 p.m. daily during this
timeframe. This temporary safety zone is necessary to provide for the
safety of the participants, crew, spectators, participating vessels,
and other vessels and users of the waterway. Persons and vessels would
be prohibited from entering into, transiting through or anchoring
within this safety zone unless authorized by the Captain of the Port or
his designated representative.

DATES: This rule is effective from 7 a.m. on May 2, 2014, until 7 p.m.
on May 4, 2014. This rule will be enforced from 7 a.m. until 7 p.m.
local time on May 2nd, May 3rd, and May 4th, 2014.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2014-0058 and are available online
by going to http://www.regulations.gov, inserting USCG-2014-0058 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Giacomo Terrizzi, Waterways Management,
U.S. Coast Guard Sector San Diego; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable. The Coast
Guard did not receive the necessary information from the event sponsor
with sufficient enough time to complete the rulemaking process;
consequently, the event would occur before the rulemaking process could
be completed.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Because of
these time constraints, it is impracticable that the Coast Guard issue
an NPRM. Immediate action is necessary to ensure the safety of vessels,
spectators, participants, and others in the vicinity of the marine
event on the dates and times this rule will be in effect.

B. Basis and Purpose

    The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Thompson Bay, Lake Havasu, AZ for The Lucas Oil
Drag Boat Racing Series. This safety zone is necessary to provide for
the safety of the participants, crew, spectators, sponsor vessels, and
other users of the waterway. At this event, over 100 race teams from
across the United States and Canada are expected to participate. The
safety zone will cover the majority of Thompson Bay. The course
requires enforcement of a safety zone while the drag boats are on the
course, thus restricting vessel traffic within the Thompson Bay for 36
hours spanning three days. There will be approximately 27 safety
vessels provided by the sponsor to help maintain the temporary safety
zone and assist boating traffic in vicinity of the event.

C. Discussion of Rule

    The Coast Guard is establishing a temporary safety zone that will
be enforced from 7 a.m. to 7 p.m. on May 2, 2014 through May 4, 2014.
The safety zone includes the waters of Thompson Bay encompassed by
drawing a line from point to point along the following coordinates:
    Northern Zone line:

34[deg]27'57.96'' N, 114[deg]20'48.49'' W
34[deg]27'57.71'' N, 114[deg]20'49.75'' W

    North West Zone Line:

34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    South Zone Line:

34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    This safety zone is necessary to ensure personnel and vessels
remain safe by keeping clear during the high speed transit of drag
boats. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.
    Vessels will be able to transit the surrounding area and may be
authorized to transit through the safety zone with the permission of
the Captain of the Port or the designated representative. Before
activating the zones, the Coast Guard will notify mariners by
appropriate means including but not limited to Local Notice to
Mariners.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size and location of the safety zone, as well as the
history of previous similar events. Vessels will be allowed to transit
through the designated safety zone during specified periods, between
races while escorted by a designated escort sponsor vessel.
Additionally, before the effective period, the Coast Guard will publish
a Local Notice to Mariners (LNM).

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: Owners or operators of vessels intending
to transit or anchor in this portion of Lake Havasu or any small
business which may rely on vessel traffic in the area for business from
May 2, 2014 through May 4, 2014 from 7 a.m. to 7 p.m.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic will be allowed through the safety zone if they obtain
permission from the Captain of the Port or his designated
representative.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human

environment. This rule involves establishing a temporary safety zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T11-621 to read as follows:

Sec.  165.T11-621  Safety zone; Lucas Oil Drag Boats Racing Series;
Lake Havasu City, AZ.

    (a) Location. The safety zone includes the waters of Thompson Bay
encompassed by drawing a line from point to point along the following
coordinates:
    Northern Zone line:

34[deg]27'57.96'' N, 114[deg]20'48.49'' W
34[deg]27'57.71'' N, 114[deg]20'49.75'' W

    North West Zone Line:

34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    South Zone Line:

34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    (b) Enforcement Period. This section is effective from 7 a.m. on
May 2, 2014, until 7 p.m. on May 4, 2014. It will be enforced from 7
a.m. to 7 p.m. each day (May 2nd, May 3rd, and May 4th, 2014). Before
the effective period, the Coast Guard will publish a Local Notice to
Mariners (LNM). If the event concludes prior to the scheduled
termination time, the Captain of the Port will cease enforcement of
this safety zone and will announce that fact via Broadcast Notice to
Mariners.
    (c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on land or on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) In accordance with general regulations in 33
CFR part 165, subpart C, entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Captain of the Port
designated representative, who can be reached on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: March 4, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-08788 Filed 4-16-14; 8:45 am]
BILLING CODE 9110-04-P