[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56151-56153]
[FR Doc No: 2013-22135]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0755]
RIN 1625-AA00

Safety Zone, North Atlantic Ocean; Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the North Atlantic Ocean in Virginia Beach, VA to support the
Virginia Symphony Orchestra fireworks display. This action is intended
to restrict vessel traffic movement in the designated area in order to
protect the life and property of the maritime public and spectators
from the hazards associated with fireworks displays.

DATES: This rule will be effective from 9:20 p.m. to 10:10 p.m. on
September 12, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0755]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Hector Cintron, Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard received the
application for a marine event well short of the 135 day window
required for a new marine event application. As such, it is
impracticable to provide a full comment period due to lack of time. Any
delay encountered in this regulation's effective date to provide for a
comment period would be contrary to the public interest as immediate
action is needed to ensure the safety of the event participants, patrol
vessels, spectator craft and other vessels transiting the event area.
The Coast Guard will provide advance notifications to users of the
affected waterways of the safety zone via marine information broadcasts
and/or local notice to mariners.

B. Basis and Purpose

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

    On September 12, 2013 the City of Virginia Beach will host a
fireworks display offshore between 17th and 31st Streets of Virginia
Beach, VA. The fireworks debris fallout area will extend over the
navigable waters of the Atlantic Ocean. Due to the need to protect
mariners and spectators from the hazards associated with the fireworks
displays, such as the accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris, vessel traffic
will be temporarily restricted around the fireworks launch site.

C. Discussion of the Rule

    The Coast Guard is establishing a safety zone on specified waters
of the Atlantic Ocean in Virginia Beach, VA. All waters of the Atlantic
Ocean within a 1000 yard radius of the launch site, located near the
shoreline at approximate position latitude 36[deg]51'12'' N, longitude
075[deg]58'06'' W, will be affected. This safety zone will be
established and enforced from 9:20 p.m. until 10:10 p.m. on September
12, 2013. Access to the safety zone will be restricted during the
specified date and times. Except for individuals responsible for
launching the fireworks and vessels authorized by the Captain of the
Port or his Representative, no person or vessel may enter or remain in
the regulated area.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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. Although this regulation
restricts access to the safety zone, the effect of this rule will not
be significant because: (i) The safety zone will be in effect for a
limited duration; (ii) the zone is of limited size; (iii) mariners may
transit the waters in and around this safety zone at the discretion of
the Captain of the Port or designated representative; and (iv), the
Coast Guard will make notifications via maritime advisories so mariners
can adjust their plans accordingly.

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.
    The rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in that portion of the Atlantic Ocean from 9:20 p.m.
until 10:10 p.m. on September 12, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone will only be in place for a limited duration; (ii) Before
the enforcement period of September 12, 2013, maritime advisories will
be issued allowing mariners to adjust their plans accordingly.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

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 IN
FORMATION CONTACT section to coordinate protest activities so that your
message can be received without jeopardizing the safety or security of
people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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.T05-0755 to read as follows:

Sec.  165.T05-0755  Safety Zone, North Atlantic Ocean; Virginia Beach,
VA.

    (a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector Hampton Roads. Representative means
any Coast Guard commissioned, warrant or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: All waters of
the Atlantic Ocean within a 1000 yard radius of the launch site located
near the shoreline at approximate position latitude 36[deg]51'12'' N,
longitude 075[deg]58'06'' W, located off the beach between 17th and
31st Streets.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone Number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement period. This section will be enforced on Thursday,
September 12, 2013 from 9:20 p.m. to 10:10 p.m. unless cancelled
earlier by the Captain of the Port.

    Dated: August 29, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-22135 Filed 9-11-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Notices]
[Pages 53888-53890]
[FR Doc No: 2020-19061]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89659; File No. TP 20-02]

Order Granting Exemptions From Certain Rules Related to the Sale
and Delivery of Physical Securities Under Regulation SHO Related to
COVID-19

August 25, 2020.

I. Introduction

    The Depository Trust & Clearing Corporation (``DTCC'') has
intermittently suspended physical securities processing services
provided by the Depository Trust Company (``DTC''), its subsidiary, due
to ongoing concerns related to the effects of COVID-19.\1\ While DTCC
has resumed limited services for new physical securities
transactions,\2\ there are likely to be delays in settlement for the
sales of equity securities that the seller is ``deemed to own''
pursuant to Rule 200(b) of Regulation SHO,\3\ and for which settlement
is dependent on the delivery of physical certificates (``owned physical
securities''), which may result in extended failures to deliver \4\ and
have resulting implications for compliance with Regulation SHO under
the Securities Exchange Act of 1934 (the ``Exchange Act'').\5\ The
Securities Industry and Financial Markets Association (``SIFMA'') has
requested on behalf of its member firms exemptive relief from certain
provisions of Regulation SHO \6\ in connection with the intermittent
suspension of physical securities processing at DTC due to ongoing
concerns related to COVID-19.\7\
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    \1\ E.g., ``Temporary Suspension of DTC Physical Securities
Processing as of Close of
     Business on April 8, 2020,'' Important Notice B# 13276-20 (Apr.
8, 2020) available at https://www.dtcc.com/-/media/Files/pdf/2020/4/8/13276-20.pdf; ``Update on Temporary Suspension of DTC Physical
Securities Processing,'' Important Notice B#13352-20 (Apr. 30, 2020)
available at https://www.dtcc.com/-/media/Files/pdf/2020/4/30/13353-20.pdf.
    \2\ ``Coronavirus Client FAQ,'' DTCC (Aug. 4, 2020) available at
https://www.dtcc.com/~/media/Files/PDFs/Email-Files/Client-FAQ-
Coronavirus.pdf?mkt_tok=eyJpIjoiTURFellqVXhPR0V5TVRSaiIsInQiOiJPSzFvV
E1qM0ZWTWdXR1ZzZlB3c1pNYWJmOWZUUjh1Qyt0b29sYmV4cnIwWWRXYXdWTjQrSXNaOH
pyYWQ1RlNIWVFQeGhoYTN3cDJaRFwvb1JPRGdzR2c9PSJ9. DTC has requested
that participants only submit urgent time-sensitive transactions.
``Partial Resumption of DTC Physical Securities Processing,''
Important Notice B# 13402-20 (May 14, 2020) available at https://www.dtcc.com/-/media/Files/pdf/2020/5/14/13402-20.pdf.
    \3\ 17 CFR 242.200(b).
    \4\ Specifically, failures to deliver securities may occur at
the Continuous Net Settlement system, or ``CNS,'' which is operated
by the National Securities Clearing Corporation (``NSCC''), a
subsidiary of DTCC. Rule 204 of Regulation SHO applies specifically
to failures to deliver in equity securities occurring at CNS. 17 CFR
     242.204.
    \5\ 17 CFR 242.200 et seq.
    \6\ Letter from Robert Toomey, Managing Director & Associate
General Counsel, SIFMA, dated May 21, 2020. SIFMA stated in its
request that the Commission granted similar exemptive relief in 2012
in the aftermath of Hurricane Sandy. See Order Granting Exemptions
From Certain Rules of Regulation SHO Related to Hurricane Sandy,
Release No. 34-68419 (Dec. 12, 2012) (the ``2012 Hurricane Sandy
Order''), available at https://www.sec.gov/rules/exorders/2012/34-68419.pdf. The 2012 Hurricane Sandy Order granted exemptions from
certain provisions of Regulation SHO related to the inaccessibility
of physical certificates that resulted from water damage incurred at
DTCC's vault used as part of its Custody Service for safekeeping of
physical certificates.
    \7\ DTCC suspended but recently resumed processing of physical
securities. ``Partial Resumption of DTC Physical Securities
Processing,'' Important Notice B# 13402-20 (May 14, 2020) available
at https://www.dtcc.com/-/media/Files/pdf/2020/5/14/13402-20.pdf.
However, based on conversations with SIFMA, we understand that
regular processing may be intermittent during the current crisis,
and that there may be delays in processing certain physical
securities after DTCC resumes processing after a suspension. See,
e.g., letter from Robert Toomey, supra note 6 (``While DTCC has
resumed limited services in connection with processing physical
securities . . . we believe the requested relief continues to be
appropriate and should also provide, given the ongoing uncertainties
in connection with the COVID-19 crisis, mechanisms that would allow
market participants to rely on the relief should there be further
intermittent suspensions of physical securities processing during
this crisis period.'').
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    The Commission is providing certain exemptive relief from the
``locate'' and close-out requirements of Regulation SHO, as described
in more detail below, for sales of owned physical securities.

II. Regulation SHO

A. Rule 200 Marking Requirement and Rule 203 ``Locate'' Requirement

    Rule 200(g) of Regulation SHO \8\ provides that broker-dealers must
mark all sell orders of any equity security as ``long,'' ``short,'' or
``short exempt.'' Under Rule 200(g)(1), a broker-dealer may mark an
order to sell ``long'' only if the seller is ``deemed to own'' the
security being sold pursuant to paragraphs (a) through (f) of Rule 200
and either: (1) the security to be delivered is in the physical
possession or control of the broker-dealer; or (2) it is reasonably
expected that the security will be in the physical possession or
control of the broker-dealer no later than the settlement of the
transaction.
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    \8\ 17 CFR 242.200(g).
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    Due to the intermittent inaccessibility of physical certificates at
DTC as a result of ongoing concerns related to the effects of COVID-19,
sell orders for owned physical securities may not qualify for ``long''
order marking under Rule 200(g)(1).\9\ Specifically, a broker-dealer
may not have a reasonable expectation that such securities will be in
the physical possession or control of the broker-dealer by the
settlement date.\10\ Therefore, the broker-dealer would be required to
mark such sale orders as ``short'' or, if eligible for Rule 201(c) or
(d), ``short exempt.'' \11\
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    \9\ See Exchange Act Release No. 50103 (July 28, 2004), 69 FR
48008, 48012, 48015 (Aug. 6, 2004) (``Regulation SHO Adopting
Release''). As noted below, sales marked ``short'' and ``short
exempt'' are generally subject to the Rule 203(b) locate requirement
absent an exception.
    \10\ 17 CFR 242.200(g)(1)(ii).
    \11\ Certain sales of owned physical securities may also qualify
under Rule 201(d)(1) to be marked ``short exempt'' provided that the
broker-dealer executing the transaction makes the required
determination regarding the seller's ownership of the security, and
that the seller intends to deliver the security as soon as the
current restrictions on delivery have been removed. 17 CFR
242.201(d)(1).
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    Pursuant to Rule 203(b) of Regulation SHO, a broker-dealer may not
accept a short sale order in an equity security from another person, or
effect a short sale in an equity security for its own account, unless
the broker-dealer has: (1) Borrowed the security, or entered into a
bona fide arrangement to borrow the security; or (2) reasonable grounds
to believe that the security can be borrowed so that it can be
delivered on the date delivery is due.\12\ This requirement is known as
the ``locate'' requirement, and must be met and

documented prior to effecting a short sale.\13\
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    \12\ 17 CFR 242.203(b).
    \13\ Certain exceptions to the ``locate'' requirement are
provided under Rule 203(b)(2). See 17 CFR 242.203(b)(2).
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    The Commission provided a specific exception to the ``locate''
requirement, however, for sales of such securities that the person is
``deemed to own'' pursuant to Rule 200(b) of Regulation SHO. Pursuant
to Rule 203(b)(2)(ii), sales of such ``deemed to own'' securities are
excepted from the ``locate'' requirement provided that the seller
intends to deliver the securities as soon as all restrictions on
delivery have been removed, and further provided that if the seller has
not delivered such securities within 35 days after the trade date, the
broker-dealer that effected the sale must borrow securities or close
out the short position by purchasing securities of like kind and
quantity.\14\ In adopting this exception, the Commission emphasized
that these sales are treated as short sales solely because the seller
is unable to deliver the security that it owns to its broker-dealer
prior to settlement, based on circumstances outside the seller's
control and through no fault of the seller or the broker-dealer.\15\
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    \14\ See 17 CFR 242.203(b)(2)(ii); see also Regulation SHO
Adopting Release, 69 FR at 48015.
    \15\ See Regulation SHO Adopting Release, 69 FR at 48015; see
also Exchange Act Release No. 61595 (Feb. 26, 2010), 75 FR 11232,
11266 (Mar. 10, 2010).
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    SIFMA has stated in conversations with Commission staff that fail
to deliver positions resulting directly from DTC's intermittent
suspension of physical securities processing may persist for longer
than the 35 day delivery requirement provided for under the Rule
203(b)(2)(ii) exception to the locate requirement for sales of
securities that the seller is ``deemed to own.'' Therefore, absent the
requested exemptive relief, SIFMA stated that broker-dealers effecting
short sales for such owned physical securities would be required to
either comply with the Rule 203(b) locate requirement, or
alternatively, comply with the delivery requirement under Rule
203(b)(2)(ii) (i.e., if the seller has not delivered such security
within 35 days after the trade date, the broker-dealer that effected
the sale must borrow securities or close out the short position by
purchasing securities of like kind and quantity). We believe that
requiring compliance with the Rule 203(b) ``locate'' requirement or the
delivery requirement under Rule 203(b)(2(ii) in spite of the
anticipated delivery delays as a result of DTC's intermittent
suspension of physical securities processing due to ongoing concerns
related to COVID-19 may cause undue burdens on various market
participants, particularly in the context of physical securities for
which lending markets are small or non-existent. As a result, we
believe that the temporary relief from the Rule 203(b) ``locate''
requirement of Regulation SHO for owned physical securities provided by
this Exemptive Order is appropriate in the public interest and
consistent with the protection of investors.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\16\ that a broker-dealer is exempt from the ``locate'' requirement
of Rule 203(b), including the delivery requirement of Rule
203(b)(2)(ii), with respect to a short sale order in an owned physical
security, subject to the following conditions:\17\
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    \16\ Section 36 of the Exchange Act authorizes the Commission,
by rule, regulation or order, to exempt, either conditionally or
unconditionally, any person, security or transaction, or any class
or classes of persons, securities or transactions, from any
provision or provisions of the Exchange Act or any rule or
regulation thereunder, to the extent that such exemption is
necessary or appropriate in the public interest, and is consistent
with the protection of investors. 15 U.S.C. 78mm(a).
    \17\ These conditions are designed to (1) ensure that executing
brokers do not rely on the relief from Rule 203(b) granted in this
Order beyond the extent to which the seller is ``deemed to own'' the
relevant security, and (2) aid in ensuring participants' compliance
with this Order (to the extent they choose to avail themselves of
the relief). The relief granted in this Order applies only in the
context of suspensions of physical securities processing resulting
directly from ongoing concerns related to COVID-19.
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    (a) The broker-dealer determines, prior to accepting such short
sale order from another person, or effecting such short sale for its
own account, that the sale is a sale of an owned physical security that
the seller is ``deemed to own'' pursuant to Rule 200 of Regulation SHO;
\18\
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    \18\ 17 CFR 242.200.
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    (b) The broker-dealer maintains contemporaneous records reflecting
any reliance on this Order, and makes this information available to
Commission staff upon request; and
    (c) The broker-dealer provides notice on its website promptly upon
its initial reliance on the Order and maintains the notice on its
website until it ceases reliance on the Order.

B. Close-Out Requirements Under Rule 204 of Regulation SHO

    Rule 204(a) of Regulation SHO \19\ generally requires that
participants of a registered clearing agency (``Participants'') close
out fail to deliver positions at a registered clearing agency \20\ in
any equity security for a sale transaction in that equity security by
no later than the beginning of regular trading hours on the next
settlement day after a fail to deliver resulting from a short sale
(generally T+3), and no later than the beginning of regular trading
hours on the third settlement day after a fail to deliver resulting
from a long sale or a sale resulting from bona fide market making
activities at the time of the sale (generally T+5). A close-out of a
fail to deliver position is effected by purchasing or borrowing shares
of like kind and quantity.
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    \19\ 17 CFR 242.204(a).
    \20\ The term ``registered clearing agency'' means a clearing
agency, as defined in Section 3(a)(23)(A) of the Exchange Act, that
is registered as such pursuant to Section 17A of the Exchange Act.
See 15 U.S.C. 78c(a)(23)(A); 15 U.S.C. 78q-1. The majority of equity
trades in the United States are cleared and settled through systems
administered by clearing agencies registered with the Commission.
NSCC clears and settles the majority of equity securities trades
conducted on the exchanges and in the over-the-counter market. NSCC
clears and settles trades through CNS, which nets the securities
delivery and payment obligations of all of its members. See Exchange
Act Release No. 60388 (July 27, 2009), 74 FR 38266, 38268 n.35 (July
31, 2009) (``Rule 204 Adopting Release'').
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    Similar to the exception to the ``locate'' requirement discussed
above, Rule 204(a)(2) provides an extended close-out timeframe (T+35)
for fail to deliver positions resulting from a sale of a security that
a person is ``deemed to own'' and intends to deliver as soon as all
restrictions on delivery have been removed.\21\ Thus, fail to deliver
positions resulting from sales of owned physical securities would
ordinarily be eligible for the extended close-out timeframe provided by
Rule 204(a)(2).\22\ As noted above, however, SIFMA has stated in
discussions with the Commission staff that, due to the inaccessibility
of the physical certificates resulting from DTC's intermittent
suspension of physical securities processing, there may be instances in
which sales of owned

physical securities may result in a CNS fail to deliver position that
persists beyond the T+35 close-out timeframe.
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    \21\ See 17 CFR 242.204(a)(2); see also Rule 204 Adopting
Release, 74 FR at 38277 n.141. Under Rule 204(a)(2), a Participant
that has a fail to deliver position resulting from a sale of a
security that a person is ``deemed to own'' pursuant to Rule 200 of
Regulation SHO and that such person intends to deliver as soon as
all restrictions on delivery have been removed must, by no later
than the beginning of regular trading hours on the thirty-fifth
consecutive calendar day following the trade date for the
transaction, immediately close out the fail to deliver position by
purchasing or borrowing securities of like kind and quantity.
    \22\ See Rule 204 Adopting Release, 74 FR at 38277-38278. In
providing an extended close-out timeframe for sales of ``deemed to
own'' securities, the Commission stated that additional time is
warranted for these sales and such additional time would not
undermine the goal of reducing fail to deliver positions because
``these are sales of owned securities that cannot be delivered by
settlement date due solely to processing delays outside the seller's
or broker-dealer's control,'' and that ``[m]oreover, delivery will
be made on such sales as soon as all restrictions on delivery have
been removed.'' Id.
---------------------------------------------------------------------------

    Pursuant to Rule 204(b) of Regulation SHO,\23\ if a Participant has
not closed out a fail to deliver position in an equity security in
accordance with Rule 204(a), the Participant and any broker-dealer from
which the Participant receives trades for clearance and settlement, may
not accept a short sale order in that equity security from another
person or effect a short sale in that equity security for its own
account, without first borrowing, or arranging to borrow, the security
until the Participant closes out the fail to deliver position by
purchasing securities of like kind and quantity, and that purchase has
cleared and settled at a registered clearing agency. This requirement
is known as the ``Penalty Box'' provision. As stated by the Commission,
this provision is ``intended to act as an additional incentive to
broker-dealers to deliver securities by settlement date, and to close
out fail to deliver positions in accordance with the requirements of
Rule 204.'' \24\ Absent relief, Participants would be required to close
out any fail to deliver positions resulting from the sale of owned
physical securities pursuant to Rule 204(a)(2) and, if they did not,
would be subject to the Penalty Box provision.
---------------------------------------------------------------------------

    \23\ 17 CFR 242.204(b).
    \24\ Rule 204 Adopting Release at 38275.
---------------------------------------------------------------------------

    We believe that, due to DTC's intermittent suspension of physical
securities processing, sales of owned physical securities raise policy
considerations that warrant granting limited exemptive relief.\25\
Moreover, requiring compliance with the Rule 204(a)(2) close-out
requirement may create undue burdens for Participants and other broker-
dealers for which they clear and settle trades, and we do not believe
that subjecting Participants or other broker-dealers to the Penalty Box
provision in this context would further the policy goal of
incentivizing broker-dealers to deliver securities by settlement and to
close out fail to deliver positions in accordance with Rule 204. Thus,
we believe that the temporary relief from the close-out requirement of
Regulation SHO provided by this Exemptive Order is appropriate in the
public interest and consistent with the protection of investors.
---------------------------------------------------------------------------

    \25\ These policy considerations are similar to those considered
in the context of the 2012 Hurricane Sandy Order. See supra note 6.
---------------------------------------------------------------------------

    Accordingly, it is further ordered, pursuant to Section 36 of the
Exchange Act,\26\ that a Participant is exempt from the close-out
requirement of Rule 204(a) \27\ and the Penalty Box provision of Rule
204(b) \28\ of Regulation SHO with respect to a fail to deliver
position resulting from the sale of an owned physical security,\29\
subject to the following conditions: \30\
---------------------------------------------------------------------------

    \26\ See supra note 16.
    \27\ 17 CFR 242.204(a).
    \28\ 17 CFR 242.204(b).
    \29\ Rule 203(b)(3) of Regulation SHO provides that if a
Participant has a fail to deliver position at a registered clearing
agency in a threshold security, as defined by Rule 203(c)(6), for
thirteen consecutive settlement days, the Participant shall
immediately thereafter close out the fail to deliver position by
purchasing securities of like kind and quantity. If the sale of an
owned physical security resulted in a fail to deliver position in a
threshold security and that fail to deliver position persisted for
thirteen consecutive settlement days because the close-out date
applicable under this Exemptive Order had not yet arrived, Rule
203(b)(3) would nonetheless require the Participant to close out the
fail to deliver position. Accordingly, Participants are exempt from
the close-out requirements of Rule 203(b)(3) with respect to fail to
deliver positions in threshold securities resulting from sales of
owned physical securities, provided that the Participants close out
the fail to deliver positions in compliance with this Exemptive
Order. See 17 CFR 242.203(b)(3).
    \30\ These conditions are designed to (1) promote the prompt
delivery of securities by participants as soon as practical under
the circumstances surrounding COVID-19 without putting undue burdens
on participants or their customers, and (2) aid in ensuring
participants' compliance with this Order.
---------------------------------------------------------------------------

    (a) The Participant must determine and document that the fail to
deliver position resulted from a sale of an owned physical security
\31\ that a person is ``deemed to own'' pursuant to Rule 200 of
Regulation SHO; \32\
---------------------------------------------------------------------------

    \31\ Such determination could be based, for example, on records
indicating that the sale involves a physical certificate custodied
at DTCC.
    \32\ 17 CFR 242.200.
---------------------------------------------------------------------------

    (b) The Participant must check DTCC systems on a daily basis to
determine when an owned physical security, the sale of which resulted
in a fail to deliver position, is available for settlement; \33\
---------------------------------------------------------------------------

    \33\ We understand based on conversations with SIFMA that
processing for certain securities may resume prior to that for
others. As such, this determination must be made on a security-by-
security basis. We further understand that DTC systems (including
the Participant Browser System and the Participant Terminal System)
enable Participants to verify their positions in physical securities
held at DTC and issue withdrawal instructions. We understand that
these systems permit Participants, in conjunction with the
Participant's own books and records, to track when physical
securities have been debited (withdrawn) and sent to the transfer
agent and when the physical securities are available for settlement
after they have been returned to DTC and are available for
Participant pickup, are mailed directly to the customer, or are set
up as a Direct Registration System account, and that Participants
check these systems for completed status of physical certificate
processing on a daily basis.
---------------------------------------------------------------------------

    (c) The Participant must deliver the owned physical security as
soon as possible, and in any event, must deliver the security or close
out the fail to deliver position resulting from the sale by purchasing
or borrowing securities of like kind and quantity by no later than the
beginning of regular trading hours on the fourth settlement day
following the date on which the Participant determines, in accordance
with condition (b) above, that the owned physical security, the sale of
which resulted in the fail to deliver position, is available for
settlement;
    (d) The Participant's books and records must reflect that it made
delivery of the owned physical security or closed out the fail to
deliver position resulting from the sale within the applicable time
period, consistent with this Exemptive Order;
    (e) The Participant must maintain contemporaneous records
reflecting any reliance on this Order, and make this information
available to Commission staff upon request; and
    (f) The participant provides notice on its website promptly upon
its initial reliance on the Order and maintains the notice on its
website until it ceases reliance on the Order.

III. Modification, Revocation, and Expiration of Exemptions

    The relief provided in this Order shall expire on December 31,
2020. The Commission intends to continue to monitor the current
situation. The time period for any or all of the relief may, if
necessary, be extended with any additional conditions that are deemed
appropriate, and the Commission may issue other relief as necessary or
appropriate.
---------------------------------------------------------------------------

    \34\ See 17 CFR 200.30-3(a)(11).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-19061 Filed 8-28-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64943-64945]
[FR Doc No: 2021-25302]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-1192]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Substances Generally Recognized as Safe: Notification
Procedure

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
associated with provisions of the notification procedure for substances
generally recognized as safe (GRAS).

DATES: Submit either electronic or written comments on the collection
of information by January 18, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before January 18, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of January 18, 2022. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as

well as any attachments, except for information submitted, marked and
identified, as confidential, if submitted as detailed in
``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-1192 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Substances Generally Recognized
as Safe: Notification Procedure.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Substances Generally Recognized as Safe: Notification Procedure--21 CFR
170, Subpart E and 21 CFR 570, Subpart E

OMB Control Number 0910-0342--Extension

    The Federal Food, Drug, and Cosmetic Act (FD&C Act) requires that
all food additives (as defined by section 201(s) (21 U.S.C. 321(s)) be
approved by FDA before they are marketed. Section 409 of the FD&C Act
(21 U.S.C. 348) establishes a premarket approval requirement for ``food
additives.'' Section 201(s) of the FD&C Act provides an exclusion to
the definition of food additive and thus from the premarket approval
requirement, for uses of substances that are GRAS by qualified experts.
The GRAS provision of section 201(s) of the FD&C Act is implemented in
21 CFR part 170 (part 170) and 21 CFR part 570 (part 570) for human
food and animal food, respectively. Part 170, subpart E and part 570,
subpart E provide a standard format for the submission of a notice.
This collection utilizes a voluntary administrative procedure for
notifying FDA about a conclusion that a substance is GRAS under the
conditions of its intended use in human food or animal food. The
information submitted to us in a GRAS notice is necessary to allow us
to administer efficiently the FD&C Act's various provisions that apply
to the use of substances added to food, specifically with regard to
whether a substance is GRAS under the conditions of its intended use or
is a food additive subject to premarket review. We use the information
collected through the GRAS notification procedures to complete our
evaluation within specific timelines.
    To assist respondents with submissions to the Center for Food
Safety and Applied Nutrition, we offer Form FDA 3667 entitled
``Generally Recognized as Safe Notice'' (http://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM350015.pdf). The form, and
elements prepared as attachments to the form, may be submitted in
electronic format via the Electronic Submission Gateway (https://www.fda.gov/industry/electronic-submissions-gateway), or may be
submitted in paper format, or as electronic files on physical media
with paper signature page. While we do not expect Form FDA 3667 to
reduce reporting time for respondents, use of the form helps to
expedite our review of the information being submitted. For submissions
to the Center for Veterinary Medicine, respondents may continue to send
GRAS notices in letter format to the Agency, as instructed in the
Federal Register of June 4, 2010 (75 FR 31800).
    Description of Respondents: The respondents to this collection of
information are manufacturers of substances used in human food and
animal food and feed.
    We estimate the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
    Activity; 21 CFR section         Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
GRAS notification procedure for              100               1             100             170          17,000
 human food; 170.210-170.280
 (part 170, subpart E)..........
GRAS notification procedure for               25               1              25             170           4,250
 animal food and animal feed;
 570.210-570.280 (part 570,
 subpart E).....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............             125  ..............          21,250
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate. This estimate is based on our experience with this
information collection and the number of notifications received in the
past 3 years, which has remained constant.

    Dated: November 15, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-25302 Filed 11-18-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Proposed Rules]
[Pages 70776-70778]
[FR Doc No: 2021-26840]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1030; Airspace Docket No. 21-ASW-10]
RIN 2120-AA66

Amendment of VOR Federal Airways V-47, V-54, V-69, V-94, V-140,
V-278, V-305, and Revocation of V-397; Southeastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify VHF Omnidirectional Range (VOR)
Federal airways V-47, V-54, V-69, V-94, V-140, V-278, V-305, and remove
V-397, in association with the Graceland VOR Minimum Operational
Network (MON) project in the southeastern United States. This action is
necessary due to the planned decommissioning of the following ground-
based navigation aids: Dyersburg, TN, (DYR) VOR Tactical Air Navigation
(VORTAC); Malden, MO, (MAW) VORTAC; Monticello, AR, (MON) VOR/DME; and
the Muscle Shoals, AL, (MSL) VORTAC.

DATES: Comments must be received on or before January 27, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2021-1030; Airspace Docket No. 21-ASW-10 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. FAA Order JO 7400.11F, Airspace Designations and
Reporting Points, and subsequent amendments can be viewed online at
https://www.faa.gov/air_traffic/publications/. For further information,
you can contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. FAA Order JO 7400.11F is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of FAA Order JO 7400.11F at NARA,
email: [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence

Avenue SW, Washington, DC 20591; telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2021-1030; Airspace Docket No. 21-ASW-10) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2021-1030; Airspace Docket No. 21-ASW-10.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/. You may
review the public docket containing the proposal, any comments received
and any final disposition in person in the Dockets Office (see
ADDRESSES section for address and phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Ave., College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021 and effective
September 15, 2021. FAA Order 7400.11F is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend VOR
Federal airways V-47, V-54, V-69, V-94, V-140, V-278, V-305, and remove
V-397, in support of the FAA's VOR MON program. The proposed route
changes are described below.
    V-47: V-47 currently consists of two separate parts: From Pine
Bluff, AR, to Pocket City, IN; and From Cincinnati, KY, to Flag City,
OH. The FAA proposes to remove the segments from Pine Bluff, AR, to
Dyersburg, TN. Therefore, the first part of V-47 would extend from
Cunningham, KY, to Pocket City, IN. The second part of the route would
extend from Cincinnati, KY to Flag City, OH, as currently charted.
    V-54: V-54 currently consists of two separate parts: From Waco, TX,
to Cedar Creek, TX; and From Texarkana, AR, to Kinston, NC. The FAA
proposes to remove the segments from Marvell, AR, to Charlotte, NC.
This would configure V-54 into three parts: From Waco, TX, to Cedar
Creek, TX; From Texarkana, AR, to Little Rock, AR; and From Sandhills,
NC, to Kinston, NC.
    V-69: V-69 currently extends from El Dorado, AR, to Joliet, IL. The
FAA proposes to remove the segments from El Dorado, AR, to Walnut
Ridge, AR. As amended, V-69 would extend from Farmington, MO to Joliet,
IL.
    V-94: V-94 currently consists of two parts: From Blythe, CA, to
Tuscola, TX; and From Cedar Creek, TX, to Holly Springs, MS. The FAA is
proposing to remove the final segment from Greenville, MS, to Holly
Springs, MS. As amended, V-94 would extend from Blythe, CA, to Tuscola,
TX; and from Cedar Creek, TX to Greenville, MS.
    V-140: V-140 currently consists of two parts: From Panhandle, TX,
to London, KY; and from Bluefield, WV, to Casanova, VA. The FAA
proposes to remove the Walnut Ridge, AR, Dyersburg, TN, and Hazard, KY,
navigation aids from V-140. As a result, V-140 would consist of the
following three parts: From Panhandle, TX, to Harrison, AR; From
Nashville, TN, to London, KY; and From Bluefield, WV, to Casanova, VA.
Other changes to V-140 are being proposed in a separate docket action.
    V-278: V-278 currently consists of two parts: From Texico, NM, to
Plainview, TX; and from Bowie, TX, to Vulcan, AL. The FAA proposes to
remove the segments from Monticello, AR, to Vulcan, AL. The first part
of V-278 would remain unchanged. The second part of the route would be
amended as follows: From Bowie, TX; Bonham, TX; Paris, TX; Texarkana,
AR; to INT Texarkana 088[deg](T)/081[deg](M) and Eldorado, AR
034[deg](T)/027[deg](M) radials. Note: When new radials are proposed in
an NPRM both True (T) and Magnetic (M) degrees are stated. Only True
degrees will be stated in the final rule.
    V-305: V-305 currently extends from El Dorado, AR, to Kokomo, IN.
The FAA proposes to remove Walnut Ridge, AR, and Malden, MO, from the
route. This would split V-305 into two separate parts as follows: From
Eldorado, AR, to Little Rock, AR; and From Cunningham, KY, to Kokomo,
IN. Other changes to V-305 are being proposed in a separate docket
action.
    V-397: V-397 currently extends from Monroe, LA, to Marvell, AR. The
FAA proposes to remove the entire route.
    Full route descriptions of the above routes are listed in ``The
Proposed Amendment'' section of this NPRM.
    Domestic VOR Federal airways are published in paragraph 6010(a) of
FAA Order JO 7400.11F, dated August 10, 2021 and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The VOR
Federal airways listed in this document would be subsequently published
in the FAA Order JO 7400.11.

    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-47 [Amended]

    From Cunningham, KY; to Pocket City, IN. From Cincinnati, KY;
Rosewood, OH; to Flag City, OH.
* * * * *

V-54 [Amended]

    From Waco, TX; to Cedar Creek, TX. From Texarkana, AR; INT
Texarkana 052[deg] and Little Rock, AR, 235[deg] radials; to Little
Rock. From Sandhills, NC; INT Sandhills 146[deg] and Fayetteville,
NC, 267[deg] radials; Fayetteville; to Kinston, NC.
* * * * *

V-69 [Amended]

    From Farmington, MO; Troy, IL; Spinner, IL; Pontiac, IL; to
Joliet, IL.
* * * * *

V-94 [Amended]

    From Blythe, CA; INT Blythe 094[deg]and Gila Bend, AZ, 299[deg]
radials; Gila Bend; Stanfield, AZ; 55 miles, 74 miles, 95 MSL, San
Simon, AZ; Deming, NM; Newman, TX; Salt Flat, TX; Wink, TX; Midland,
TX; to Tuscola, TX. From Cedar Creek, TX; Gregg County, TX; Elm
Grove, LA; Monroe, LA; to Greenville, MS.
* * * * *

V-140 [Amended]

    From Panhandle, TX; Burns Flat, OK; Kingfisher, OK; INT
Kingfisher 072[deg] and Tulsa, OK, 261[deg] radials; Tulsa;
Razorback, AR; to Harrison, AR. From Nashville, TN; Livingston, TN;
to London, KY. From Bluefield, WV; INT Bluefield 071[deg] and
Montebello, VA, 250[deg] radials; Montebello; to Casanova, VA.
* * * * *

V-278 [Amended]

    From Texico, NM; to Plainview, TX. From Bowie, TX; Bonham, TX;
Paris, TX; Texarkana, AR; to INT Texarkana 088[deg]T/081[deg]M and
El Dorado, AR 034[deg]T 027[deg]M radials.
* * * * *

V-305 [Amended]

    From El Dorado, AR; to Little Rock, AR. From Cunningham, KY;
Pocket City, IN; INT Pocket City 046[deg] and Hoosier, IN, 205[deg]
radials; Hoosier; INT Hoosier 025[deg] and Brickyard, IN, l85[deg]
radials; Brickyard; INT Brickyard 038[deg] and Kokomo, IN, 182[deg]
radials; to Kokomo.
* * * * *

V-397 [Removed]

* * * * *

    Issued in Washington, DC, on December 7, 2021.
Margaret C. Flategraff,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-26840 Filed 12-10-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 19, 2008 (Volume 73, Number 119)]
[Rules and Regulations]
[Page 34866]
[DOCID:fr19jn08-14]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0480]

Drawbridge Operation Regulations; Piscataqua River, Portsmouth,
NH, and Kittery, ME, Public Event

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Memorial (US 1) Bridge across the Piscataqua River at mile 3.5, between
Portsmouth, New Hampshire and Kittery, Maine. Under this temporary
deviation the bridge may remain in the closed position for one-hour
during the Fourth of July fireworks display. This deviation is
necessary to facilitate public safety during a public event.

DATES: This deviation is effective from 9:30 p.m. to 10:30 p.m. on July
3, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0480 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: 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, and
the First Coast Guard District, Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First
Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Memorial (US 1) Bridge, across the
Piscataqua River at mile 3.5, between Portsmouth, New Hampshire and
Kittery, Maine, has a vertical clearance in the closed position of 11
feet at mean high water and 19 feet at mean low water. The existing
drawbridge operation regulations are listed at 33 CFR 117.531.
    The owner of the bridge, New Hampshire Department of
Transportation, requested a temporary deviation to facilitate public
safety during the Fourth of July fireworks display on July 3, 2008.
    Under this temporary deviation the Memorial (US 1) Bridge may
remain in the closed position from 9:30 p.m. to 10:30 p.m. on July 3,
2008. Vessels that can pass under the bridge without a bridge opening
may do so at all times.
    In accordance with 33 CFR 117.35(e), the bridge 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.

    Dated: June 10, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E8-13862 Filed 6-18-08; 8:45 am]

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