[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Proposed Rules]
[Pages 55439-55448]
[FR Doc No: 2012-22164]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 161

[Docket No. USCG-2011-1024]
RIN 1625-AB81

Vessel Traffic Service Updates, Including Establishment of Vessel
Traffic Service Requirements for Port Arthur, TX and Expansion of VTS
Special Operating Area in Puget Sound

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise and update the Vessel
Traffic Service (VTS) regulations in 33 CFR part 161. The revision
would require participation in the VTS in Port Arthur, Texas, which is
now voluntary; consolidate and expand a VTS Special Area in Puget
Sound, Washington; update the designated frequencies for the Maritime
Mobile Service Identifiers (MMSI) for Louisville and Los Angeles/Long
Beach; and update the definitions and references in Sailing Plan
requirements. The changes made by this proposed rule are intended to
align regulations with the current operating procedures of the VTSs
affected, with the benefit of creating regulatory efficiency.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before December 10,
2012 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1024 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Commander Patricia Springer, Office of
Shore Forces (CG-7413), Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
    A. Sec.  161.12 Vessel Operating Requirements
    B. Sec.  161.19 Sailing Plan
    C. Sec.  161.55 Vessel Traffic Service Puget Sound and the
Cooperative Vessel Traffic Service for the Juan de Fuca Region
    D. Sec.  161.70 Vessel Traffic Service Port Arthur
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-1024), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov and
insert ``USCG-2011-1024'' in the ``Search'' box. Click on ``Submit a
comment'' in the ``Actions'' column. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
insert ``USCG-2011-1024'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column. If you do not have access to the
Internet, you may view the docket by visiting 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. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

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

D. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the

methods specified under ADDRESSES. In your request, explain why you
believe a public meeting would be beneficial. If we determine that one
would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

II. Abbreviations

AIS Automatic Identification System
CDC Certain Dangerous Cargos
MMSI Maritime Mobile Service Identifier
MTSA Maritime Transportation Security Act of 2002
NDG National Dialogue Group
NPRM Notice of Proposed Rulemaking
PAWSA Port and Waterway Safety Assessment
PAWSS Port and Waterways Safety System
PWSA Ports and Waterways Safety Act
SOLAS International Convention for the Safety of Life at Sea
U.S.C. United States Code
VTM Vessel Traffic Management
VTS Vessel Traffic Service

III. Background

    In the late 1990s, the Coast Guard convened a national dialogue
group (NDG) comprised of maritime and waterway community stakeholders
to identify the needs of waterway users with respect to Vessel Traffic
Management (VTM) and Vessel Traffic Service (VTS) systems. Those
stakeholders, representing port authorities, pilots, environmental
conservationists, the Coast Guard, and all major sectors of the U.S.
and foreign-flag shipping industry were tasked to identify the
information needs of waterway users to help ensure safe passage, assist
in establishing a process to identify candidate waterways for VTM
improvements and VTS installations, and identify the basic elements of
a VTS. The intent of the NDG was to provide the foundation for an
approach to VTM that would meet the stakeholders' shared objective of
improving vessel traffic safety in U.S. ports and waterways in a
technologically sound and cost-effective way.
    The major outcome of the NDG was the development of the Port and
Waterways Safety Assessment (PAWSA) process, which the Coast Guard
established to open a dialogue with waterway users and port
stakeholders to help identify needed VTM improvements and to determine
candidate VTS waterways. PAWSA provides a formal structure for
identifying risk factors and evaluating potential mitigation measures.
The process requires the participation of experienced waterway users
having local expertise in navigation, waterway conditions, and port
safety. In addition, the Coast Guard includes non-maritime industry
stakeholders in the process to ensure that important environmental,
public safety, and economic considerations are given appropriate
attention as risk-mitigation measures are selected.
    The Coast Guard has conducted 47 PAWSA workshops in U.S. ports
since the PAWSA process was developed in 1999, including one in Port
Arthur, Texas, on September 21-23, 1999 and one in Lake Charles,
Louisiana, on April 25-26, 2000. The Port Arthur, TX and Lake Charles,
Louisiana PAWSA reports are publicly available on the NAVCEN Web site
at http://www.navcen.uscg.gov/?pageName=pawsaFinalReports and in the
docket for this rulemaking (USCG-2011-1024); see the ``Viewing Comments
and Documents'' section of this proposed rule for more information.
Based upon the mitigation recommendations contained in these PAWSA
reports as well as resource availability and the existence of port
infrastructure to support VTS efforts, the Coast Guard determined that
Port Arthur, Texas and Lake Charles, Louisiana have a valid need for a
Coast Guard-operated VTS.
    As a result of the Port Arthur PAWSA workshop, which determined
that a VTS would provide the greatest potential to mitigate risk in the
port, the Coast Guard added Port Arthur to the Port and Waterways
Safety System (PAWSS) acquisition project. The PAWSS project's goal was
to install a computer-based VTM system in VTS ports. The installation
of the VTS system in Port Arthur began in 2004 with voluntary
operations slated to begin in September 2005. Due to disruptions from
Hurricane Rita, VTS Port Arthur provided limited services from
September 2005 until February 2006 when the VTS attained full
operational capability.
    Although this proposed rule would change VTS Port Arthur from a
voluntary system to a system of mandatory compliance for vessels
transiting VTS Port Arthur, the Coast Guard does not believe it would
alter vessel operations or impose new costs on industry or the Coast
Guard. The Coast Guard makes this determination because, under 33 CFR
164.46(3), all vessels which would be affected by changing VTS Port
Arthur to a mandatory VTS system are already equipped with Automatic
Identification Systems (AIS). Because AIS carriage requirements are the
sole cost item for vessels to comply with VTS requirements, have been
in force since December 31, 2004, and currently include the VTS Port
Arthur area under 33 CFR Table 161.12(c), we have determined that
changing VTS Port Arthur to a mandatory VTS should not alter current
vessel operations or impose new costs on either the industry or the
Coast Guard.
    This proposed rule would also expand the currently voluntary Port
Arthur VTS area to include Lake Charles, Louisiana. The 2000 Lake
Charles PAWSA study supported the establishment of a VTS in Lake
Charles. Coast Guard data pertaining to commercial vessel activities
indicate that commercial vessels that transit the proposed expansion
area of Lake Charles satisfy the AIS carriage requirements established
under 33 CFR 164.46(3). Therefore, the Coast Guard does not believe
that expanding Port Arthur VTS to include Lake Charles, LA, would alter
current vessel operations or impose new costs on industry or the Coast
Guard.
    In addition to making participation in the Port Arthur VTS
mandatory, this proposed rule would consolidate and expand the two VTS
Special Areas in Puget Sound. A VTS Special Area is defined in 33 CFR
161.2 as ``a waterway within a VTS area in which special operating
requirements apply.'' The Coast Guard institutes a VTS Special Area
when geographic or other conditions, such as concentration of vessels
or vessels carrying particular hazards, make a portion of the waterway
an inherently dangerous navigational area.
    When the federal regulations for vessel traffic systems were first
implemented in 1994 (59 FR 36316, July 15, 1994), the Coast Guard
instituted two VTS Special Areas within the VTS Puget Sound. These VTS
Special Areas serve to avoid having large vessels impeding, meeting,
overtaking or crossing with each other's intended track in the
constricted waters between the San Juan Islands in Puget Sound.
    In addition to the two existing VTS Special Areas in Puget Sound,
special operating requirements have traditionally been issued in the
proposed expansion area by VTS Puget Sound due to the relatively
restricted nature of these waters. The proposed rule would incorporate
into a single consolidated VTS Special Area the waters of the two
existing VTS Special Areas and the waters currently covered by these
special operating requirements. Because this rule would simply
consolidate existing vessel operating procedures within VTS Puget
Sound, the Coast Guard does not anticipate that the expansion of this
VTS Special Area would alter current vessel operations or impose new
regulatory costs on industry. This codification simplifies

compliance with these traffic management requirements.
    Finally, this proposed rule would make two minor updates to the VTS
regulations. The first change adds Maritime Mobile Service Identifier
(MMSI) numbers, which are required for any AIS equipment installation,
to the table in 33 CFR 161.12 as a result of the installment of
Automatic Identification System (AIS) base stations in the Louisville,
KY, VTS Area and Los Angeles/Long Beach Vessel Movement Reporting
System area. The second change removes an outdated reference to
Dangerous Cargo, and adds an updated reference to Certain Dangerous
Cargo in 33 CFR 160.204.

IV. Discussion of Proposed Rule

    This proposed rule would revise regulations in 33 CFR part 161 as
follows:

A. Sec.  161.12 Vessel Operating Requirements

    We propose to revise Table 161.12(c) in order to include the MMSI
information for two ports and to include updated information pertaining
to VTS Port Arthur. First, this rulemaking would update the entry for
Louisville and Los Angeles/Long Beach by adding each VTS's MMSI to the
table. Second, this rulemaking would update the entry for Port Arthur
by adding the designated frequencies and updating its monitoring areas.
Finally, this rulemaking would change the entry for Port Arthur from
``Sabine Traffic'' to ``Port Arthur Traffic'' to more accurately
reflect the nature of the VTS and add a note to the table that the
third monitoring sector for Port Arthur will have limited services
until the Coast Guard has the capability to provide full services. This
rulemaking would not make any other changes to table 161.12(c).

B. Sec.  161.19 Sailing Plan

    This rulemaking would amend 33 CFR 161.19(f) by changing the
reference from ``Dangerous Cargo as defined in 33 CFR 160.203'' to
``Certain Dangerous Cargo (CDC) as defined in 33 CFR 160.204.'' In
2003, 33 CFR Subpart C was revised and the definitions were moved from
33 CFR 160.203 to 33 CFR 160.204 (68 FR 9544, February 28, 2003). This
rulemaking would also remove the references to Sec.  160.211 and Sec.
160.213 because these sections no longer exist in the CFR. These are
administrative changes with no cost impact.

C. Sec.  161.55 Vessel Traffic Service Puget Sound and the Cooperative
Vessel Traffic Service for the Juan de Fuca Region

    This rulemaking would modify 33 CFR 161.55 by consolidating the two
existing VTS Special Areas that are located within the Vessel Traffic
Service Puget Sound Area. In addition to consolidating two VTS Special
Areas into one, this rulemaking would expand the consolidated VTS
Special Area to encompass an additional area of navigational concern
that has traditionally been subject to special operating requirements.
The existing VTS Special Areas include the waters of Rosario Strait and
Guemes Channel. The consolidated VTS Special Area would be slightly
expanded to add the nearby waters of Bellingham Bay, western Padilla
Bay and the Saddlebag route that is located east of Guemes Island, in
the vicinity of Vendovi Island. This single consolidated VTS Special
Area would promote maritime safety by applying the VTS Special
Operating requirements of 33 CFR 161.13 to certain classes of vessels,
defined in 33 CFR 161.16 and 161.55, while transiting the VTS Special
Area and by prohibiting those classes of vessels from impeding,
meeting, overtaking, crossing, or operating within 2,000 yards of each
other (except when crossing astern) while transiting within this VTS
Special Area. This proposed rulemaking is in line with current practice
and should not result in changes to scheduling, queueing or transit
times. Additionally, this proposed rulemaking would make permanent the
special operating requirements that VTS Puget Sound has imposed within
these areas since the original rules in 33 CFR 161.55 were established
in 1994.

D. Sec.  161.70 Vessel Traffic Service Port Arthur

    We propose to add a new section that describes the Port Arthur
Vessel Traffic Service area. The VTS area consists of the navigable
waters south of 30[deg]10' N, east of 94[deg]20' W, west of 93[deg]22'
W, and, north of 29[deg]10' N. This proposed change would establish
mandatory participation in the VTS for all applicable vessels.

VI. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This notice of proposed rulemaking (NPRM) has
not been designated a ``significant regulatory action'' under section
3(f) of Executive Order 12866. Accordingly, the NPRM has not been
reviewed by the Office of Management and Budget.
    A draft Regulatory Assessment follows:
    This proposed rule would establish mandatory participation for the
VTS area in Port Arthur, Texas and would consolidate and expand the VTS
Special Areas in the Puget Sound Area to include Bellingham Channel,
western Padilla Bay and the Saddlebag route east of Guemes Island.
    The VTS system in Port Arthur was installed in 2004 and became
fully operational in February 2006. Currently Port Arthur operates as a
voluntary system. The proposed rule would make participation in the VTS
mandatory for all vessels that are required to carry AIS equipment.
    In 2003, the Coast Guard published a final rule (68 FR 60569,
October 22, 2003) that harmonized the AIS carriage and standardization
requirements contained in MTSA with the requirements of SOLAS. That
prior rule established AIS carriage requirements for commercial vessels
(33 CFR 164.46). As a result of this prior regulation, all U.S.-flagged
commercial vessels that are required to carry AIS equipment for
operation in the VTS under this rule have been in compliance since
2004. Similarly, foreign-flagged vessels have been required to carry
AIS equipment under the SOLAS Convention since 2004. Because AIS
carriage is required by regulation under 33 CFR 164.46 for commercial
vessels, including those vessels that would be affected by this rule,
we expect that there would not be additional costs to either industry
or government resulting from this rule. A list of the categories of
commercial vessels and the dates of compliance for AIS carriage are
shown in Table 1.

                             Table 1--Commercial Vessels: AIS Carriage Requirements
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             Class of vessel                  AIS currently required                 Compliance date
----------------------------------------------------------------------------------------------------------------
Self-propelled vessels 65 feet or more in  Yes.........................  December 31, 2004.
 length in commercial service and on an
 international voyage (excludes passenger
 and fishing vessels).
Passenger vessels of 150 gross tons or     Yes.........................  July 1, 2003.
 more on an international voyage.
Tankers on international voyages,          Yes.........................  July 1, 2003.
 regardless of tonnage.
Vessels of 50,000 gross tons or more,      Yes.........................  July 1, 2004.
 other than tankers or passenger ships,
 on international voyages.
Vessels of 300 gross tons or more but      Yes.........................  December 31, 2004.
 less than 50,000 gross tons, other than
 tankers or passenger ships.
Self-propelled vessels of 65 feet or more  Yes, when operating in a VTS  December 31, 2004.
 in length in commercial service            or VMRS.
 (excludes fishing vessels and passenger
 vessels certificated to carry less than
 151 passengers for hire).
Towing vessels 26 feet or more in length   Yes, when operating in a VTS  December 31, 2004.
 and more than 600 horsepower in            or VMRS.
 commercial service.
Passenger vessels certificated to carry    Yes, when operating in a VTS  December 31, 2004.
 more than 150 passengers for hire.         or VMRS.
Fishing vessels..........................  No..........................
----------------------------------------------------------------------------------------------------------------

    The principal benefits of changing VTS participation from voluntary
to mandatory would be to codify current practices and to provide VTS
Port Arthur with full VTS authorities to direct and manage traffic in
order to better prevent maritime accidents.
    The proposed rule would also consolidate and slightly expand the
current VTS Special Area in the VTS Puget Sound area. This requirement
expands the zone in which entry into and movement within the special
area is controlled by the VTS. These controls, designed principally for
collision avoidance, are expected to expedite traffic movement within
the special area. The VTS has put operating conditions in place in the
proposed consolidated VTS Special Area since the VTS national
regulations were established in 1994. The proposed rule would align the
regulations with current practices already in place in the consolidated
VTS Special Area and would not result in additional requirements placed
upon vessels.
    Due to the constricted waters within the San Juan Islands, special
operating requirements have been instituted since the National VTS
Regulations were first implemented in 1994 to avoid the risk of large
vessels meeting, overtaking or crossing in this inherently dangerous
navigational area. Vessel Traffic Service Puget Sound has consistently
issued measures or directions to enhance navigation and vessel safety
by imposing special operating requirements for vessels operating in
Bellingham Channel, western Padilla Bay, and the Saddlebag route east
of Guemes Island and in the vicinity of Vendovi Island due to the
comparable restricted nature of these waters. Therefore, it is not
anticipated that the expansion of this VTS Special Area would alter
vessel operations.
    Other minor administrative changes include updating the MMSI for
Louisville and Los Angeles/Long Beach in Table 33 CFR 161.12(c). The
proposed rule would amend 33 CFR 161.19(f) by changing the reference
from ``Dangerous Cargo as defined in 33 CFR 160.203'' to ``Certain
Dangerous Cargo (CDC) as defined in 33 CFR 160.204.'' This rulemaking
would also remove the references to Sec.  160.211 and Sec.  160.213
because these sections no longer exist in the CFR. We expect these
administrative changes to result in no additional costs to the public
or industry.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    As previously discussed, the AIS carriage requirements were
implemented by a prior regulation in 33 CFR 164.46, and all vessels
which would be required to participate in the VTS are currently
equipped to follow the regulations of their individual VTS areas. In
addition, the consolidation and slight expansion of the VTS Special
Area in Puget Sound merely codifies current operational practices, and
would result in no additional equipment requirements. As a result, we
expect that this proposed rule would not impose additional costs on
vessel owners and operators transiting within either the Port Arthur or
Puget Sound VTS areas.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. If you think
that your business, organization, or governmental jurisdiction
qualifies as a small entity and that this rule would have a significant
economic impact on it, please submit a comment to the Docket Management
Facility at the address under ADDRESSES. In your comment, explain why
you think it qualifies and how and to what degree this rule would
economically affect it.

C. 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 so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or gov
ern men tal jurisdiction and you have questions concerning its
provisions or options for compliance, please consult LCDR Patricia
Springer at<PHONE_NUMBER>, email<EMAIL_ADDRESS>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.
    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).

D. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Vessels affected by this rule would already be covered under OMB
collection of information 1625-0112.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    We have analyzed this proposed rule under that Order and have
determined that it has implications for federalism. A summary of the
impact of federalism in this rule follows.
    Title I of the Ports and Waterways Safety Act (PWSA) (33 U.S.C.
1221 et. seq.) authorizes the Secretary to issue regulations to
establish and maintain vessel traffic services consisting of measures
for controlling or supervising vessel traffic to protect the marine
environment. In enacting the PWSA in 1972, Congress declared that
advance planning and consultation with the affected States and other
stakeholders is necessary when developing measures for the control or
supervision of vessel traffic or for protecting navigation or the
marine environment. Throughout the development of each of the subject
VTSs the Coast Guard has consulted with the pertinent state and/or
local government entities as well as the affected pilot's associations,
vessel operators, VTS users, and all affected stakeholders. This
interaction is more fully described elsewhere in this document.
    The Coast Guard has determined, after considering the factors
developed by the Supreme Court in the consolidated cases of United
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135
(March 6, 2000), that by enacting Chapter 25 of the Ports and Waterways
Safety Act, Congress intended to preempt the field of vessel traffic
services in United States ports and waterways. Therefore, the
regulations proposed in this rulemaking have preemptive impact over any
State laws or regulations that may be enacted on the same subject
matter. The preemptive impact of this rule is codified in 33 CFR 161.6.
    While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, Sections 4 and 6 of Executive Order 13132
require that for any rules with preemptive effect, the Coast Guard will
provide elected officials of affected State and local governments and
their representative national organizations, notice and opportunity for
appropriate participation in any rulemaking proceedings, and to consult
with such officials early in the rulemaking process.
    Therefore, the Coast Guard invites affected State and local
governments and their representative national organizations to indicate
their desire for participation and consultation in this rulemaking
process by submitting comments to this NPRM. In accordance with
Executive Order 13132, the Coast Guard will provide a federalism impact
statement to document: (1) The extent of the Coast Guard's consultation
with State and local officials who submit comments to this proposed
rule; (2) a summary of the nature of any concerns raised by State or
local governments and the Coast Guard's position thereon; and (3) a
statement of the extent to which the concerns of State and local
officials have been met. We will also report to the Office of
Management and Budget any written communications with the States.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

    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.

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.

L. Technical Standards

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

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01

and Commandant Instruction M16475.lD, which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have made a preliminary determination that this action
is one of a category of actions which do not individually or
cumulatively have a significant effect on the human environment. A
preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under the
``Public Participation and Request for Comments'' section of this
preamble. This rule is categorically excluded under section 2.B.2.,
figure 2-1, paragraphs 34(a) and (i) of the Instruction. This rule
involves administrative changes, changing regulations in aid of
navigation, and updating vessel traffic services. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 161

    Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 161 as follows:

PART 161--VESSEL TRAFFIC MANAGEMENT

    1. The authority citation for part 161 continues to read as
follows:

    Authority:  33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. In Sec.  161.12, revise Table 161.12(c) to read as follows:

Sec.  161.12  Vessel operating requirements.

* * * * *

      Table 161.12(c)--VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
                                              Designated frequency
        Center MMSI \1\ call sign           (channel designation)--              Monitoring area \3,4\
                                                  purpose \2\
----------------------------------------------------------------------------------------------------------------
Berwick Bay--003669950:
    Berwick Traffic.....................  156.550 MHz (Ch. 11).......  The waters south of 29[deg]45' N., west
                                                                        of 91[deg]10' W., north of 29[deg]37'
                                                                        N., and east of 91[deg]18' W.
Buzzards Bay:
    Buzzards Bay Control \5\............  156.600 MHz (Ch. 12).......  The waters east and north of a line drawn
                                                                        from the southern tangent of Sakonnet
                                                                        Point, Rhode Island, in approximate
                                                                        position latitude 41[deg]27.2' N.,
                                                                        longitude 70[deg]11.7' W., to the
                                                                        Buzzards Bay Entrance Light in
                                                                        approximate position latitude
                                                                        41[deg]23.5' N., longitude 71[deg]02.0'
                                                                        W., and then to the southwestern tangent
                                                                        of Cuttyhunk Island, Massachusetts, at
                                                                        approximate position latitude
                                                                        41[deg]24.6' N., longitude 70[deg]57.0'
                                                                        W., and including all of the Cape Cod
                                                                        Canal to its eastern entrance, except
                                                                        that the area of New Bedford harbor
                                                                        within the confines (north of) the
                                                                        hurricane barrier, and the passages
                                                                        through the Elizabeth Islands, is not
                                                                        considered to be ``Buzzards Bay''.
Houston-Galveston--003669954............  ...........................  The navigable waters north of 29[deg] N.,
                                                                        west of 94[deg]20' W., south of
                                                                        29[deg]49' N., and east of 95[deg]20' W.
    Houston Traffic.....................  156.550 MHz (Ch. 11).......  The navigable waters north of a line
                                          156.250 MHz (Ch. 5A).......   extending due west from the southernmost
                                          --For Sailing Plans only...   end of Exxon Dock 1
                                                                        (20[deg]43.37' N., 95[deg]01.27' W.).
    Houston Traffic.....................  156.600 MHz (Ch. 12).......  The navigable waters south of a line
                                          156.250 MHz (Ch. 5A).......   extending due west from the southernmost
                                          --For Sailing Plans only...   end of Exxon Dock 1
                                                                        (29[deg]43.37' N., 95[deg]01.27' W.).
Los Angeles-Long Beach--03660465:
    San Pedro Traffic...................  156.700 MHz (Ch. 14).......  Vessel Movement Reporting System Area:
                                                                        The navigable waters within a 25
                                                                        nautical mile radius of Point Fermin
                                                                        Light (33[deg]42.3' N., 118[deg]17.6'
                                                                        W.).
Louisville--003669732:
    Louisville Traffic..................  156.650 MHz (Ch. 13).......  The waters of the Ohio River between
                                                                        McAlpine Locks (Mile 606) and Twelve
                                                                        Mile Island (Mile 593), only when the
                                                                        McAlpine upper pool gauge is at
                                                                        approximately 13.0 feet or above.
Lower Mississippi River--0036699952:
    New Orleans Traffic.................  156.550 MHz (Ch. 11).......  The navigable waters of the Lower
                                                                        Mississippi River below 29[deg]55.3' N.,
                                                                        089[deg]55.6' W. (Saxonholm Light) at
                                                                        86.0 miles Above Head of Passes (AHP),
                                                                        extending down river to Southwest Pass,
                                                                        and, within a 12 nautical mile radius
                                                                        around 28[deg]54.3' N. 089[deg]25.7' W.
                                                                        (Southwest Pass Entrance Light at 20.1
                                                                        miles Below Head of Passes.
    New Orleans Traffic.................  156.600 MHz (Ch.12)........  The navigable waters of the Lower
                                                                        Mississippi River bounded on the north
                                                                        by a line drawn perpendicular on the
                                                                        river at 29[deg]55'30'' N., and
                                                                        090[deg]12'46'' W. (Upper Twelve Mile
                                                                        Point) at 109.0 miles AHP and on the
                                                                        south by a line drawn perpendicularly at
                                                                        29[deg]55.3' N. 089[deg]55.6' W.
                                                                        (Saxonholm Light) at 86.0 miles AHP.
    New Orleans Traffic.................  156.250 MHz (Ch. 05A)......  The navigable waters of the Lower
                                                                        Mississippi River below 30[deg]38.7' N.
                                                                        091[deg]17.5' W. (Port Hudson Light) at
                                                                        254.5 miles AHP bounded on the south by
                                                                        a line drawn perpendicular on the river
                                                                        at 29[deg]55'30'' N., and
                                                                        090[deg]12'46'' W., (Upper Twelve Mile
                                                                        Point) at 109.0 miles AHP.
New York--003669951:

    New York Traffic....................  156.550 MHz (Ch. 11).......  The area consists of the navigable waters
                                          --For Sailing Plans only...   of the Lower New York Bay bounded on the
                                          156.600 MHz (Ch. 12).......   east by a line drawn from Norton Point
                                          --For vessels at anchor....   to Breezy Point; on the south by a line
                                                                        connecting the entrance buoys at the
                                                                        Ambrose Channel, Swash Channel, and
                                                                        Sandy Hook Channel to Sandy Hook Point;
                                                                        and on the southeast including the
                                                                        waters of Sandy Hook Bay south to a line
                                                                        drawn at latitude 40[deg]25' N.; then
                                                                        west in the Raritan Bay to the Raritan
                                                                        River Railroad Bridge, then north into
                                                                        waters of the Arthur Kill and Newark Bay
                                                                        to the Lehigh Valley Draw Bridge at
                                                                        latitude 40[deg]41.9' N.; and then east
                                                                        including the waters of the Kill Van
                                                                        Kull and the Upper New York Bay north to
                                                                        a line drawn east-west from the Holland
                                                                        Tunnel ventilator shaft at latitude
                                                                        40[deg]43.7' N., longitude 74[deg]01.6'
                                                                        W., in the Hudson River; and then
                                                                        continuing east including the waters of
                                                                        the East River to the Throgs Neck
                                                                        Bridge, excluding the Harlem River.
    New York Traffic....................  156.700 MHz (Ch. 14).......  The navigable waters of the Lower New
                                                                        York Bay west of a line drawn from
                                                                        Norton Point to Breezy Point; and north
                                                                        of a line connecting the entrance buoys
                                                                        of Ambrose Channel, Swash Channel, and
                                                                        Sandy Hook Channel, to Sandy Hook Point;
                                                                        on the southeast including the waters of
                                                                        the Sandy Hook Bay south to a line drawn
                                                                        at latitude 40[deg]25' N.; then west
                                                                        into the waters of Raritan Bay East
                                                                        Reach to a line drawn from Great Kills
                                                                        Light south through Raritan Bay East
                                                                        Reach LGB 14 to Comfort PT, NJ;
                                                                        then north including the waters of the
                                                                        Upper New York Bay south of
                                                                        40[deg]42.40' N. (Brooklyn Bridge) and
                                                                        40[deg]43.70' N. (Holland Tunnel
                                                                        Ventilator Shaft); west through the KVK
                                                                        into the Arthur Kill north of
                                                                        40[deg]38.25' N. (Arthur Kill Railroad
                                                                        Bridge); then north into the waters of
                                                                        the Newark Bay, south of 40[deg]41.95'
                                                                        N. (Lehigh Valley Draw Bridge).
    New York Traffic....................  156.600 MHz (Ch. 12).......  The navigable waters of the Raritan Bay
                                                                        south to a line drawn at latitude
                                                                        40[deg]26' N.; then west of a line drawn
                                                                        from Great Kills Light south through the
                                                                        Raritan Bay East Reach LGB 14
                                                                        to Point Comfort, NJ; then west to the
                                                                        Raritan River Railroad Bridge; and north
                                                                        including the waters of the Arthur Kill
                                                                        to 40[deg]28.25' N. (Arthur Kill
                                                                        Railroad Bridge); including the waters
                                                                        of the East River north of 40[deg]42.40'
                                                                        N. (Brooklyn Bridge) to the Throgs Neck
                                                                        Bridge, excluding the Harlem River.
Port Arthur--003669955:
    Port Arthur Traffic.................  156.050 MHz (Ch. 01A)......  The navigable waters of the Sabine-Neches
                                                                        Canal south of 29[deg]52.7' N.; Port
                                                                        Arthur Canal; Sabine Pass Channel;
                                                                        Sabine Bank Channel; Sabine Outer Bar
                                                                        Channel; the offshore safety fairway;
                                                                        and the ICW from High Island to its
                                                                        intersection with the Sabine-Neches
                                                                        Canal.
    Port Arthur Traffic.................  156.275 MHz (Ch. 65A)......  The navigable waters of the Neches River;
                                                                        Sabine River; and Sabine-Neches Waterway
                                                                        north of 29[deg]52.7' N.; and the ICW
                                                                        from its intersection with the Sabine
                                                                        River to MM 260.
    Port Arthur Traffic.................  156.675 MHz (Ch. 73) \6\...  The navigable waters of the Calcasieu
                                                                        Channel; Calcasieu River Channel; and
                                                                        the ICW from MM 260 to MM 191.
Prince William Sound--003669958:
    Valdez Traffic......................  156.650 MHz (CH. 13).......  The navigable waters south of 61[deg]05'
                                                                        N., east of 147[deg]20' W., north of
                                                                        60[deg] N., and west of 146[deg]30' W.;
                                                                        and, all navigable waters in Port
                                                                        Valdez.
Puget Sound: \7\
    Seattle Traffic--003669957..........  156.700 MHz (Ch. 14).......  The waters of Puget Sound, Hood Canal and
                                                                        adjacent waters south of a line
                                                                        connecting Nodule Point and Bush Point
                                                                        in Admiralty Inlet and south of a line
                                                                        drawn due east from the southernmost tip
                                                                        of Possession Point on Whidbey Island to
                                                                        the shoreline.
    Seattle Traffic--003669957..........  156.250 MHz (Ch. 5A).......  The waters of the Strait of Juan de Fuca
                                                                        east of 124[deg]40' W. excluding the
                                                                        waters in the central portion of the
                                                                        Strait of Juan de Fuca north and east of
                                                                        Race Rocks; the navigable waters of the
                                                                        Strait of Georgia east of 122[deg]52'
                                                                        W.; the San Juan Island Archipelago,
                                                                        Rosario Strait, Bellingham Bay;
                                                                        Admiralty Inlet north of a line
                                                                        connecting Nodule Point and Bush Point
                                                                        and all waters east of Whidbey Island
                                                                        North of a line drawn due east from the
                                                                        southernmost tip of Possession Point on
                                                                        Whidbey Island to the shoreline.
    Tofino Traffic--003160012...........  156.725 MHz (Ch. 74).......  The waters west of 124[deg]40' W. within
                                                                        50 nautical miles of the coast of
                                                                        Vancouver Island including the waters
                                                                        north of 48[deg] N., and east of
                                                                        127[deg] W.
    Victoria Traffic--003160010.........  156.550 MHz (Ch. 11).......  The waters of the Strait of Georgia west
                                                                        of 122[deg]52' W., the navigable waters
                                                                        of the central Strait of Juan de Fuca
                                                                        north and east of Race Rocks, including
                                                                        the Gulf Island Archipelago, Boundary
                                                                        Pass and Haro Strait.
San Francisco--003669956:
    San Francisco Traffic...............  156.700 MHz (Ch. 14).......  The navigable waters of the San Francisco
                                                                        Offshore Precautionary Area, the
                                                                        navigable waters shoreward of the San
                                                                        Francisco Offshore Precautionary Area
                                                                        east of 122[deg]42.0' W. and north of
                                                                        37[deg]40.0' N. extending eastward
                                                                        through the Golden Gate, and the
                                                                        navigable waters of San Francisco Bay
                                                                        and as far east as the port of Stockton
                                                                        on the San Joaquin River, as far north
                                                                        as the port of Sacramento on the
                                                                        Sacramento River.

    San Francisco Traffic...............  156.600 MHz (Ch. 12).......  The navigable waters within a 38 nautical
                                                                        mile radius of Mount Tamalpais
                                                                        (37[deg]55.8' N., 122[deg]34.6' W.) west
                                                                        of 122[deg]42.0' W. and south of
                                                                        37[deg]40.0' N. and excluding the San
                                                                        Francisco Offshore Precautionary Area.
St. Marys River--003669953:
    Soo Traffic.........................  156.600 MHz (Ch. 12).......  The waters of the St. Marys River between
                                                                        45[deg]57' N. (De Tour Reef Light) and
                                                                        46[deg]38.7' N. (lle Parisienne Light),
                                                                        except the St. Marys Falls Canal and
                                                                        those navigable waters east of a line
                                                                        from 46[deg]04.16' N. and 46[deg]01.57'
                                                                        N. (La Pointe to Sims Point in
                                                                        Potagannissing Bay and Worsley Bay).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship
  stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital
  selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in Sec.
  Sec.   161.21 and 164.46 of this subchapter. The requirements set forth in Sec.  Sec.   161.21 and 164.46 of
  this subchapter apply in those areas denoted with an MMSI number.
\2\ In the event of a communication failure, difficulties or other safety factors, the Center may direct or
  permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge
  navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Channel 67), to the extent that doing so
  provides a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency,
  156.650 MHz (Ch. 13) is used in certain monitoring areas where the level of reporting does not warrant a
  designated frequency.
\3\ All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83).
\4\ Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged
  to maintain a listening watch on the designated monitoring frequency in these areas. Otherwise, they are
  required to maintain watch as stated in 47 CFR 80.148.
\5\ In addition to the vessels denoted in Section 161.16 of this chapter, requirements set forth in subpart B of
  33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge
  radiotelephone by part 26 of this chapter.
\6\ Until otherwise directed, full VTS services will not be available in the Calcasieu Channel, Calcasieu River
  Channel, and the ICW from MM 260 to MM 191. Vessels may contact Port Arthur Traffic on the designated VTS
  frequency to request advisories, but are not required to monitor the VTS frequency in this sector.
\7\ A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining
  waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own
  set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13),
  is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing
  arrangements on the designated monitoring frequencies.

* * * * *
    3. In Sec.  161.19, revise paragraph (f) to read as follows:

Sec.  161.19  Sailing Plan (SP).

* * * * *
    (f) Certain dangerous cargo on board or in its tow, as defined in
Sec.  160.204 of this chapter.
    4. In Sec.  161.55, revise paragraph (b) and paragraph (c)
introductory text to read as follows:

Sec.  161.55  Vessel Traffic Service Puget Sound and the Cooperative
Vessel Traffic Service for the Juan de Fuca Region.

* * * * *
    (b) VTS Special Area: The Eastern San Juan Island Archipelago VTS
Special Area consists of all waters of the eastern San Juan Island
Archipelago including: Rosario Strait bounded to the south by latitude
48[deg]26'24'' N. (the center of the Precautionary Area ``RB'')
extending from Lopez Island to Fidalgo Island, and to the north by
latitude 48[deg]40'34'' N. (the center of the Precautionary Area ``C'')
extending from Orcas Island to Lummi Island; Guemes Channel; Bellingham
Channel; Padilla Bay and southern Bellingham Bay (Samish Bay) south of
latitude 48[deg]38'25'' N.

    Note: The center of precautionary area ``R.B.'' is not marked by
a buoy. All precautionary areas are depicted on National Oceanic and
Atmospheric Administration (NOAA) nautical charts.

    (c) Additional VTS Special Area Operating Requirements. The
following additional requirements are applicable in the Eastern San
Juan Island Archipelago VTS Special Area:
* * * * *
    5. Add Sec.  161.70 to read as follows:

Sec.  161.70  Vessel Traffic Service Port Arthur.

    (a) The VTS area consists of the navigable waters of the U.S. to
the limits of the territorial seas bound by the following points:
30[deg]10' N. 92[deg]37' W., then south to 29[deg]10' N. 92[deg]37' W.,
then west to 29[deg]10 N. 93[deg]52'15'' W., then northwest to
29[deg]33'42'' N. 94[deg]21'15'' W., then north to 30[deg]10' N.
94[deg]21'15'' W. then east along the 30[deg]10' E. latitude to the
origination point.

    Note: Although mandatory participation in VTS Port Arthur is
limited to the area within the navigable waters of the United
States, prospective users are encouraged to report at the safe water
marks in order to facilitate vessel traffic management in the VTS
Area and to receive advisories or navigational assistance.

    (b) Precautionary areas.

                              Table 161.70(b)--VTS Port Arthur Precautionary Areas
----------------------------------------------------------------------------------------------------------------
         Precautionary area name              Radius        Center point  latitude      Center point  longitude
----------------------------------------------------------------------------------------------------------------
Petco Bend \1\..........................           2,000  30[deg]00.80' N...........  093[deg]57.60' W.
Black Bayou \1\.........................           2,000  30[deg]00.00' N...........  093[deg]46.20' W.
Orange Cut \1\..........................           2,000  30[deg]03.25' N...........  093[deg]43.20' W.
Neches River Intersection \1\...........           2,000  29[deg]58.10' N...........  093[deg]51.25' W.
Texaco Island Intersection \1\..........           2,000  29[deg]49.40' N...........  094[deg]57.55' W.

Sabine-Neches Waterway..................             N/A   All waters of the Sabine-Neches Waterway between the
                                                              Texaco Island Precautionary Area and the Humble
                                                                         Island Precautionary Area.
----------------------------------------------------------------------------------------------------------------
\1\ Precautionary Area encompasses a circular area of the radius denoted around the center point with the
  exception of the Sabine-Neches Waterway.

     (c) Reporting points (Inbound).

                                            Table 161.70(c)--Inbound
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  Sabine Bank Channel    Sabine Bank Sea Buoy.  29[deg]25.00' N.,       Sailing Plan Report.
                      ``SB'' Buoy.                                  093[deg]40.00' W.
2..................  Sabine Pass Buoys      Sabine Pass Buoys      29[deg]35.90' N.,       .....................
                      ``29/30''.             ``29/30''.             093[deg]48.20' W.
3..................  Port Arthur Canal      Keith Lake...........  29[deg]46.50' N.,       .....................
                      Light ``43''.                                 093[deg]56.47' W.
4..................  North Forty GIWW Mile  North Forty..........  29[deg]56.40' N.,       .....................
                      279.                                          093[deg]52.10' W.
5..................  FINA Highline Neches   FINA Highline........  29[deg]59.10' N.,       .....................
                      River Light ``19''.                           093[deg]54.30' W.
6..................  Ready Reserve Fleet    Channel at Cove Mid-   30[deg]00.80' N.,       .....................
                      Highline.              Point.                 093[deg]59.90' W.
7..................  Sabine River MM 268..  268 Highline.........  30[deg]02.20' N.,       .....................
                                                                    093[deg]44.30' W.
----------------------------------------------------------------------------------------------------------------

    (d) Reporting points (Outbound).

                                            Table 161.70(d)--Outbound
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  Sabine River Light     Black Bayou..........  30[deg]00.00' N.,
                      ``2''.                                        093[deg]46.25' W.
2..................  Ready Reserve Fleet    Channel at Cove Mid-   30[deg]00.80' N.,
                      Highline.              Point.                 093[deg]59.90' W.
3..................  FINA Highline Neches   FINA Highline........  29[deg]59.09' N.,
                      River Light ``19''.                           093[deg]54.30' W.
4..................  GIWW Mile 285........  The School House.....  29[deg]52.70' N.,       Sector Shift.
                                                                    093[deg]55.55' W.
5..................  Port Arthur Canal      Keith Lake...........  29[deg]46.50' N.,
                      Light ``43''.                                 093[deg]56.47' W.
6..................  Sabine Pass Buoys      Sabine Pass Buoys      29[deg]35.90' N.,
                      ``29/30''.             ``29/30''.             093[deg]48.20' W.
7..................  Sabine Bank Channel    Sabine Bank Sea Buoy.  29[deg]25.00' N.,       Final Report.
                      ``SB'' Buoy.                                  093[deg]40.00' W.
----------------------------------------------------------------------------------------------------------------

    (e) Reporting points (Eastbound).

                                        Table 161.70(e)--Eastbound (ICW)
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  GIWW Mile 295........  ICW MM 295...........  29[deg]47.25' N.,       Sailing Plan Report.
                                                                    094[deg]01.10' W.
2..................  North Forty GIWW Mile  North Forty..........  29[deg]56.40' N.,
                      279.                                          093[deg]52.10' W.
3..................  Sabine River MM 268..  268 Highline.........  30[deg]02.20' N.,
                                                                    093[deg]44.30' W.
4..................  GIWW Mile 260........  260 Highline.........  30[deg]03.50' N.,       Final Report.
                                                                    093[deg]37.50' W.
----------------------------------------------------------------------------------------------------------------

    (f) Reporting points (Westbound).

                                        Table 161.70(f)--Westbound (ICW)
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  GIWW Mile 260........  260 Highline.........  30[deg]03.50' N.,       Sailing Plan Report.
                                                                    093[deg]37.50' W.
2..................  Sabine River Light     Black Bayou..........  30[deg]00.03' N.,
                      ``2''.                                        093[deg]46.18' W.
3..................  GIWW Mile 285........  The School House.....  29[deg]52.71' N.,       Sector Shift.
                                                                    093[deg]55.55' W.
4..................  GIWW Mile 295........  ICW MM 295...........  29[deg]46.20' N.,       Final Report.
                                                                    094[deg]02.60' W.
----------------------------------------------------------------------------------------------------------------

    (g) Reporting points (Offshore Safety Fairway).

                                    Table 161.70(g)--Offshore Safety Fairway
----------------------------------------------------------------------------------------------------------------
                                                  Geographic
     Designator         Geographic name          description         Latitude/Longitude            Notes
----------------------------------------------------------------------------------------------------------------
1..................  Sabine Pass Safety     East Dogleg..........  29[deg]35.00' N.,
                      Fairway--East.                                093[deg]28.00' W.
2..................  Sabine Pass Safety     West Dogleg..........  29[deg]28.00' N.,
                      Fairway--West.                                093[deg]58.00' W.
----------------------------------------------------------------------------------------------------------------

    Dated: September 4, 2012.
Mark E. Butt,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Capability.
[FR Doc. 2012-22164 Filed 9-7-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40136-40139]
[FR Doc No: 2012-16520]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67316; File No. SR-ISE-2012-59]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend Fees for Certain Complex Orders Executed on the
Exchange

June 29, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on June 21, 2012, the International Securities
Exchange, LLC (the ``Exchange'' or the ``ISE'') filed with the
Securities and Exchange Commission (the ``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE proposes to amend fees for certain complex orders executed
on the Exchange. The text of the proposed rule change is available on
the Exchange's Web site (http://www.ise.com), at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of 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 Exchange currently assesses per contract transaction fees and
provides rebates to market participants that add or remove liquidity in
the Complex Order Book (``maker/taker fees and rebates'') in a number
of options classes (the ``Select Symbols'').\3\
---------------------------------------------------------------------------

    \3\ Options classes subject to maker/taker fees are identified
by their ticker symbol on the Exchange's Schedule of Fees.
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    For complex orders in the Select Symbols (excluding SPY), the
Exchange currently charges a ``taker'' fee of: (i) $0.34 per contract
for ISE Market Maker,\4\ Market Maker Plus,\5\ Firm

Proprietary and Customer (Professional) \6\ orders; and (ii) $0.38 per
contract for Non-ISE Market Maker \7\ orders. Priority Customer \8\
orders in the Select Symbols (excluding SPY) are not charged a
``taker'' fee for trading in the Complex Order Book and receive a base
rebate of $0.32 per contract (and may receive a rebate of up to $0.345
per contract if certain volume thresholds are met) when those orders
trade with non-Priority Customer orders in the Complex Order Book.
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    \4\ The term ``Market Makers'' refers to ``Competitive Market
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule
100(a)(25).
    \5\ A Market Maker Plus is an ISE Market Maker who is on the
National Best Bid or National Best Offer 80% of the time for series
trading between $0.03 and $5.00 (for options whose underlying
stock's previous trading day's last sale price was less than or
equal to $100) and between $0.10 and $5.00 (for options whose
underlying stock's previous trading day's last sale price was
greater than $100) in premium in each of the front two expiration
months and 80% of the time for series trading between $0.03 and
$5.00 (for options whose underlying stock's previous trading day's
last sale price was less than or equal to $100) and between $0.10
and $5.00 (for options whose underlying stock's previous trading
day's last sale price was greater than $100) in premium across all
expiration months in order to receive the rebate. The Exchange
determines whether a Market Maker qualifies as a Market Maker Plus
at the end of each month by looking back at each Market Maker's
quoting statistics during that month. A Market Maker's single best
and single worst overall quoting days each month, on a per symbol
basis, are excluded in calculating whether a Market Maker qualifies
for this rebate, if doing so qualifies a Market Maker for the
rebate. If at the end of the month, a Market Maker meets the
Exchange's stated criteria, the Exchange rebates $0.10 per contract
for transactions executed by that Market Maker during that month.
The Exchange provides Market Makers a report on a daily basis with
quoting statistics so that Market Makers can determine whether or
not they are meeting the Exchange's stated criteria.
    \6\ A Customer (Professional) is a person who is not a broker/
dealer and is not a Priority Customer.
    \7\ A Non-ISE Market Maker, or Far Away Market Maker
(``FARMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended (``Exchange Act''),
registered in the same options class on another options exchange.
    \8\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a
person or entity that is not a broker/dealer in securities, and does
not place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s).
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    For complex orders in SPY, the Exchange currently charges a
``taker'' fee of: (i) $0.35 per contract for ISE Market Maker, Market
Maker Plus, Firm Proprietary and Customer (Professional) orders; and
(ii) $0.39 per contract for Non-ISE Market Maker orders. Priority
Customer \9\ orders in SPY are not charged a ``taker'' fee for trading
in the Complex Order Book and receive a base rebate of $0.33 per
contract (and may receive a rebate of up to $0.355 per contract if
certain volume thresholds are met) when those orders trade with non-
Priority Customer orders in the Complex Order Book.
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    \9\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a
person or entity that is not a broker/dealer in securities, and does
not place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s).
---------------------------------------------------------------------------

    For complex orders in Select Symbols (including SPY), the Exchange
currently charges a ``maker'' fee of: (i) $0.10 per contract for ISE
Market Maker, Firm Proprietary and Customer (Professional) orders; and
(ii) $0.20 per contract for Non-ISE Market Maker orders. Priority
Customer orders are not charged a ``maker'' fee for complex orders in
the Select Symbols (including SPY).
    Further, pursuant to Securities and Exchange Commission (``SEC'')
approval, the Exchange allows Market Makers to enter quotations for
complex order strategies in the Complex Order Book.\10\ Given this
enhancement to the complex order functionality, and in order to
maintain a competitive fee and rebate structure for Priority Customer
orders, the Exchange has adopted distinct ``maker'' fees for complex
orders in a select group of symbols when these orders interact with
Priority Customer orders (``Complex Quoting Symbols).\11\ Specifically,
the Exchange currently charges a ``maker'' fee of $0.32 per contract
for XLB, EFA, AA, ABX, MSFT, MU, NVDA, VZ and WFC ($0.30 per contract
for XOP) for Market Maker, Non-ISE Market Maker, Firm Proprietary and
Customer (Professional) complex orders when these orders trade against
Priority Customer orders. Priority Customer orders are not charged a
``maker'' fee for complex orders in the Complex Quoting Symbols.
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    \10\ See Securities Exchange Act Release No. 65548 (October 13,
2011), 76 FR 64980 (October 19, 2011) (SR-ISE-2011-39).
    \11\ The Complex Quoting Symbols are XLB, EFA, AA, ABX, MSFT,
MU, NVDA, VZ, WFC and XOP. See Securities Exchange Act Release Nos.
65958 (December 15, 2011), 76 FR 79236 (December 21, 2011) (SR-ISE-
2011-81); and 66406 (February 12, 2012), 77 FR 10579 (February 22,
2012) (SR-ISE-2012-07). The Exchange notes that XLB, EFA, AA, ABX,
MSFT, MU, NVDA, VZ, WFC are currently Select Symbols while XOP is
not.
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    Further, for Priority Customer complex orders in XLB, EFA, AA, ABX,
MSFT, MU, NVDA, VZ and WFC, all of which are Select Symbols, the
Exchange currently provides a base rebate of $0.32 per contract (and
may receive a rebate of up to $0.345 per contract if certain volume
thresholds are met) when those orders trade with non-Priority Customer
orders in the Complex Order Book. For Priority Customer complex orders
in XOP, which is not a Select Symbols, the Exchange currently provides
a base rebate of $0.28 per contract (and may receive a rebate of up to
$0.325 per contract if certain volume thresholds are met) when those
orders trade with non-Priority Customer orders in the Complex Order
Book.
    Further, the Exchange provides ISE Market Makers with a two cent
discount when trading against orders that are preferenced to them. This
discount is applicable when ISE Market Makers add or remove liquidity
in the Complex Quoting Symbols from the Complex Order Book.
Specifically, ISE Market Makers that add liquidity in XLB, EFA, AA,
ABX, MSFT, MU, NVDA, VZ and WFC from the Complex Order Book by trading
with Priority Customer orders that are preferenced to them are charged
$0.30 per contract ($0.28 per contract in XOP). ISE Market Makers that
remove liquidity in XLB, EFA, AA, ABX, MSFT, MU, NVDA, VZ and WFC from
the Complex Order Book by trading with Priority Customer orders that
are preferenced to them are charged $0.32 per contract ($0.33 per
contract in XOP).
    The Exchange now proposes to extend the fees for complex orders in
the Complex Quoting Symbols to the following additional two symbols:
GLD and VXX.\12\ The Exchange proposes to expand the pricing structure
and fees applicable to these orders in a manner that is gradual and
measured. For that reason, the Exchange has previously selected symbols
that have moderate trading activity and each of the Complex Quoting
Symbols have an average daily trading volume in complex orders of 500
contracts to 10,000 contracts on the Exchange. The Exchange notes that
GLD and VXX also meet this threshold and for that reason, the Exchange
has decided to expand Complex Quoting Symbols to include these two
additional symbols.
---------------------------------------------------------------------------

    \12\ The Exchange notes that GLD and VXX are currently Select
Symbols.
---------------------------------------------------------------------------

    With this proposed rule change, the Exchange will charge a
``maker'' fee of $0.32 per contract for Market Maker, Non-ISE Market
Maker, Firm Proprietary and Customer (Professional) complex orders when
these orders trade against Priority Customer orders. The Exchange does
not propose any change to fees for Priority Customer orders in GLD and
VXX that trade in the Complex Order Book. Additionally, Priority
Customer complex orders in GLD and VXX will receive a base rebate of
$0.32 per contract (and may receive a rebate of up to $0.345 per
contract if certain volume thresholds are met) when these orders trade
with non-Priority Customer orders in the Complex Order Book. Finally,
ISE Market Makers that add or remove liquidity in GLD and VXX in the
Complex Order Book will be charged $0.30 per contract when trading with
orders that are preferenced to them.
    Finally, as noted above, the Exchange provides ISE Market Makers
with a two cent discount when trading against orders that are
preferenced to them. The Exchange believes this discount is better
represented if the Exchange notes that ISE Market Makers receive a
discount of $0.02 per contract when trading against Priority Customer
orders preferenced to them in the Complex Order Book instead of noting
the actual discounted fee. The Exchange believes it will be easier for
market participants to track the discount with the proposed new
language in light of the fee changes the Exchange undertakes each month
in response to competitive pricing changes

in the marketplace. Thus, the Exchange proposes to amend the text of
each footnote that reflects the discounted fee by replacing the actual
fee amount with language that notes that ISE Market Makers will receive
a two cent discount when trading against orders that are preferenced to
them.
    The Exchange has designated this proposal to be operative on July
2, 2012.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Act \13\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \14\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among Exchange members and other persons using
its facilities. The impact of the proposal upon the net fees paid by a
particular market participant will depend on a number of variables,
most important of which will be its propensity to add or remove
liquidity in options overlying the Complex Quoting Symbols in the
Complex Order Book.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that extending the fees applicable to orders
executed in the Complex Order Book when trading against Priority
Customers in the Complex Quoting Symbols is appropriate given the new
functionality that allows Market Makers to quote in the Complex Order
Book. Additionally, the Exchange's fees remain competitive with fees
charged by other exchanges and are therefore reasonable and equitably
allocated to those members that opt to direct orders to the Exchange
rather than to a competing exchange. Specifically, the Exchange
believes that its proposal to assess a `make' fee of $0.32 per contract
for GLD and VXX when orders in these symbols interact with Priority
Customers is reasonable and equitable because the fee is within the
range of fees assessed by other exchanges employing similar pricing
schemes. For example, the `make' fee for a broker/dealer complex order
in GLD when trading against a Priority Customer at NASDAQ OMX PHLX
(``PHLX'') is $0.20 per contract \15\ while the same order that is
electronically delivered at the Chicago Board Options Exchange
(``CBOE'') is $0.45 per contract.\16\ Furthermore, one of the primary
goals of this fee change is to maintain the attractive and competitive
economics for Priority Customer complex orders, while introducing an
enhancement to the way complex orders trade on the Exchange.
---------------------------------------------------------------------------

    \15\ See PHLX Fee Schedule, Section I, Part B., at http://www.nasdaqtrader.com/content/marketregulation/membership/phlx/feesched.pdf.
    \16\ See CBOE Fees Schedule, Section 1.VI. at http://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf.
---------------------------------------------------------------------------

    The Exchange also believes that it is reasonable and equitable to
provide a two cent discount to ISE Market Makers on preferenced orders
because this will provide an incentive for Market Makers to quote in
the Complex Order Book. The Exchange believes that it is reasonable and
equitable to continue to provide rebates for Priority Customer complex
orders because paying a rebate will continue to attract additional
order flow to the Exchange and thereby create liquidity that ultimately
will benefit all market participants who trade on the Exchange. The
Exchange believes it is reasonable and equitable to amend the text of
the footnotes regarding the two cent discount provided to ISE Market
Makers in the Exchange's Schedule of Fees because doing so will reflect
the discounted rate more accurately in light of the number of fee
changes the Exchange undertakes in response to competitive pricing
changes made by its competitors. The Exchange believes Exchange Members
will benefit from clear guidance in the rule text describing the level
of the discount the Exchange provides. The Exchange further believes
the proposed rule change is reasonable because amending the relevant
footnotes will provide clarity and greater transparency regarding the
Exchange's fees and rebates. The Exchange notes that the proposed rule
change is also equitably allocated and not unfairly discriminatory in
that it treats similarly situated market participants in the same
manner.
    The Exchange believes that it is reasonable and equitable to charge
the fees proposed herein as they are already applicable to complex
orders in the Complex Quoting Symbols; with this proposed rule change,
the Exchange is simply extending its current fees to an additional two
symbols. The complex order pricing employed by the Exchange has proven
to be an effective pricing mechanism and attractive to Exchange
participants and their customers. The Exchange believes that this
proposed rule change will continue to attract additional complex order
business in the Complex Quoting Symbols traded on the Exchange.
Moreover, the Exchange believes that the proposed fees are fair,
equitable and not unfairly discriminatory because the proposed fees are
consistent with price differentiation that exists today at other
options exchanges. The Exchange believes it remains an attractive venue
for market participants to trade complex orders despite its proposed
fee change as its fees remain competitive with those charged by other
exchanges for similar trading strategies. The Exchange operates in a
highly competitive market in which market participants can readily
direct order flow to another exchange if they deem fee levels at a
particular exchange to be excessive. For the reasons noted above, the
Exchange believes that the proposed fees are fair, equitable and not
unfairly discriminatory.

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act.\17\ At any time within 60 days of
the filing of such 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 Exchange Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 Exchange 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-ISE-2012-59 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2012-59. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2012-59 and should be
submitted on or before July 27, 2012.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-16520 Filed 7-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Page 76378]
[FR Doc No: 2016-26483]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4285-DR; Docket ID FEMA-2016-0001]

North Carolina; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4285-DR), dated October 10, 2016,
and related determinations.

DATES: Effective October 25, 2016.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Carolina is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of October 10, 2016.

    Camden, Chowan, Currituck, and Pasquotank Counties for
Individual Assistance (already designated for assistance for debris
removal and emergency protective measures [Categories A and B],
including direct federal assistance, under the Public Assistance
program).
    Hertford County for assistance for debris removal and emergency
protective measures (Categories A and B), including direct federal
assistance, under the Public Assistance program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-26483 Filed 11-1-16; 8:45 am]
 BILLING CODE 9111-23-P