[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Proposed Rules]
[Pages 32889-32891]
[FR Doc No: 2014-13307]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0183]
RIN 1625-AA00

Safety Zone, Ohio River, Miles 449.0 to 451.5; New Richmond, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for all waters of the Ohio River, surface to bottom, extending from
Ohio River mile 449.0 to mile 451.5 at New Richmond, Ohio. This
temporary safety zone is necessary to protect persons and property from
potential damage and safety hazards during the New Richmond
Bicentennial Big Bash, which involves tossing pumpkins into the river
with trebuchets, which are catapults operating under a raised
counterweight system. During the period of enforcement, no vessels may
be located within this proposed safety zone and entry into this area
will be prohibited unless specifically authorized by the Captain of the
Port Ohio Valley or other designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before July 9, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries are
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Denise Davidson, Marine Safety Detachment
Cincinnati, U.S. Coast Guard; telephone<PHONE_NUMBER> x2113, email
<EMAIL_ADDRESS>or Petty Officer John Joeckel, Marine Safety
Detachment Cincinnati, U.S. Coast Guard; telephone<PHONE_NUMBER> x2109,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, 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 at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone 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,
type the docket number [USCG-2014-0183] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    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 the rule
based on your comments.

2. 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,
type the docket number (USCG-2014-0183) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please 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.

B. Regulatory History and Information

    There is no regulatory history related to the proposed safety zone
or the event triggering a need for the proposed safety zone. The New
Richmond Bicentennial Big Bash is an event that is planned to take
place September 20, 2014. This event includes tossing pumpkins into the
river using trebuchets. This event will be advertised to and throughout
the local community.
    Should this event and the related waterway activity become a
recurring event, requiring a safety zone, the Coast Guard will include
it in a future update to the list of recurring safety zones under 33
CFR 165.801.

C. Basis and Purpose

    The New Richmond Bicentennial Big Bash is an event that involves
tossing pumpkins into the river with trebuchets. The purpose of this
proposed rule is to establish a safety zone to protect persons and
property from potential damage and safety hazards during the New
Richmond Bicentennial Big Bash. The Coast Guard's authority for
establishing safety zones is contained at 33 U.S.C. 1231, 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and Department
of Homeland Security Delegation No. 0170.1.

D. Discussion of Proposed Rule

    The COTP Ohio Valley proposes to establish a safety zone for the
waters of the Ohio River, beginning at mile marker 449.0 and ending at
451.5, to protect persons and property from potential damage and safety
hazards during the New Richmond Bicentennial Big Bash, which involves
tossing pumpkins into the river with trebuchets. During this event,
vessels will not be allowed to enter into, depart from, or move or
anchor within the area of this safety zone without permission from the
COTP Ohio Valley or designated representative. Persons or vessels
requiring entry into or passage through the safety zone must request
permission from the COTP Ohio Valley, or a designated representative.
They may be contacted on VHF-FM Channel 13 or 16, or through Coast
Guard Sector Ohio Valley at 1-800-253-7465. This proposed rule would be
effective from 12:00 p.m. until 5:00 p.m. on September 20, 2014. The
COTP Ohio Valley will inform the public through Broadcast Notices to
Mariners, Local Notices to Mariners, and/or Marine Safety Information
Bulletins as appropriate of the enforcement period for the safety zone.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The U.S. Coast Guard expects the economic impact of this proposed
rule to be so minimal that a full regulatory evaluation is unnecessary.
The safety zone in this proposed rule requires restricted vessel
traffic transiting the Ohio River from mile 449.0 to mile 451.5 at New
Richmond, Ohio from 12:00 p.m. to 5:00 p.m. on September 20, 2014. The
effect of this regulation will not be significant because the event is
short in duration and the safety zone restricting and governing vessel
movements is limited in scope and also short in duration. Additionally,
the public will be given advance notification through Federal Register,
Local Notices to Mariners, Broadcast Notices to Mariners and/or Marine
Safety Information Bulletins to be able to plan operations around the
events in advance.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in a 2.5 mile portion of the Ohio River
from 12:00 p.m. to 5:00 p.m. on September 20, 2014.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone would be activated, and thus subject to enforcement, for 5
hours. Although the safety zone would apply to the entire width of the
river, traffic would be allowed to pass through the regulated area from
2:00 p.m. to 3:00 p.m. with the permission of the Captain of the Port.
Before the activation of the regulated area, we would issue maritime
advisories widely available to users of the river.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct

effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. We have
analyzed this proposed rule under that Order and determined that this
proposed rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This 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.

9. 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.

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

    This 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.

12. Energy Effects

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

13. Technical Standards

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

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishment of a safety zone to protect persons and property
from potential damage and safety hazards during the New Richmond
Bicentennial Big Bash occurring on the Ohio River from mile marker
449.0 to mile marker 451.5 for a 5-hour period on September 20, 2014.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. 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 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. A new temporary safety zone Sec.  165.T08-0183 is added to read as
follows:

Sec.  165.T08-0183  Safety Zone; Ohio River, Miles 449.0 to 451.5, New
Richmond, OH.

    (a) Location. The following area is a safety zone: All waters of
the Ohio River, beginning at mile marker 449.0 to mile 451.5 at New
Richmond, Ohio.
    (b) Effective date. This section is effective and enforceable from
12:00 p.m. to 5:00 p.m. on September 20, 2014.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into this area is prohibited unless authorized by the
Captain of the Port (COTP) Ohio Valley or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the
area must request permission from the COTP Ohio Valley or a designated
representative. COTP Ohio Valley and designated U.S. Coast Guard patrol
personnel may be contacted on VHF Channel 13 or 16, or at 1-800-253-
7465.
    (3) All persons and vessels shall comply with the instructions of
the COTP Ohio Valley and designated U.S. Coast Guard patrol personnel.
On-scene U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard.
    (d) Informational Broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through Broadcast Notices to
Mariners, Local Notices to Mariners, and/or Marine Safety Information
Bulletins as appropriate of the enforcement period and any changes in
schedule for the safety zone.

    Dated: May 2, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-13307 Filed 6-6-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16872-16873]
[FR Doc No: 2017-06794]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2017-19]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of title 14, Code of Federal Regulations
(14 CFR). The purpose of this notice is to improve the public's
awareness of, and participation in, this aspect of the FAA's regulatory
activities. Neither publication of this notice nor the inclusion or

omission of information in the summary is intended to affect the legal
status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before April 26, 2017.

ADDRESSES: You may send comments identified by docket number FAA-2017-
0236 using any of the following methods:
     Government-Wide Rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

Victor Wicklund,
Manager, Transport Standards Staff.

Petition for Exemption

    Docket No.: FAA-2017-0236.
    Petitioner: The Boeing Company.
    Section of 14 CFR Affected: Sec.  25.981(a)(3)[25-102].
    Description of Relief Sought: The exemption, if granted would allow
the removal and replacement of two stiffeners at the center wing fuel
tank (L & R BBL 615).

[FR Doc. 2017-06794 Filed 4-5-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Notices]
[Page 62506-62508]
[DOCID:fr05no07-86]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56718; File No. SR-NYSE-2007-95]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Rule 18 (Compensation in Relation to Exchange System
Failure)

October 29, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 12, 2007, the New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The NYSE filed the proposal pursuant to Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders it effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend Exchange Rule 18 to reduce the
dollar amount required in order for a member organization to seek
compensation in the event of an Exchange System failure. The Exchange
is further seeking to make technical amendments to the rule text.

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 Exchange 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 Exchange 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
    Through this filing, the NYSE seeks to amend Exchange Rule 18 to
reduce the dollar amount required for a member organization to seek
compensation in the event of an Exchange system failure. Pursuant to
the proposal, the Exchange seeks to reduce the current requirement that
a net loss be in the amount of $5,000 or higher in order for a member
organization to be eligible to make a claim for compensation. Rather,
the Exchange seeks to lower the net loss requirement to $500.
    Current Exchange Rule 18 (Compensation in Relation to Exchange
System Failure)
    Today, Exchange Rule 18 sets forth that member organizations that
sustain a loss in relation to an Exchange system failure \5\ are
eligible to submit a claim for compensation to the Exchange, if certain
requirements are met. Pursuant to the current rule, in order for a
member organization to be eligible to receive payment for a claim, it
must incur a net loss equal to or greater than $5,000. That is, the
loss must total

$5,000 after any profits received in relation to the same incident are
subtracted.\6\ Claims must be submitted on a per incident basis. Member
organizations are not permitted to aggregate losses incurred as a
result of more than one system failure in order to satisfy the $5,000
minimum claim requirement.
---------------------------------------------------------------------------

    \5\ An Exchange system failure is defined as a malfunction of
the Exchange's physical equipment, devices and/or programming which
results in an incorrect execution of an order or no execution of an
order that was received in Exchange systems. See Exchange Rule
18(b).
    \6\ In addition to the net loss requirement, Exchange Rule 18
requires that the Exchange's Division of Floor Operations (``Floor
Operations'') determines that: (i) A valid order was accepted by the
Exchange's systems; and that (ii) an Exchange system failure
occurred. The member organization is further responsible for
providing the Floor Operations with verbal notice of the incident by
the market opening on the next business day following the system
failure. The member must also provide written notice by the end of
the third business day following the system failure. See Exchange
Rule 18(a).
---------------------------------------------------------------------------

    Proposed Amendments to Rule 18--Reduction of Net Loss Dollar Amount
    Exchange Rule 18 was put into effect on July 17, 2007.\7\ A newly
implemented rule, the initial $5,000 threshold for net loss seemed to
be a reasonable dollar amount at the time. However, as the Exchange has
gained experience with the administration of the Rule, it has observed
that over 40% of the sustained net loss amounts were less than $2,000.
Nearly 12% of the net loss amounts were less than $1,000. As a result,
only approximately half of the net losses sustained by member
organizations were eligible to receive compensation.
---------------------------------------------------------------------------

    \7\ The operation of the rule was retroactive to September 2006.
See Securities Exchange Act Release No. 55555 (March 27, 2007), 72
FR 16841 (April 5, 2007) (SR-NYSE-2007-09).
---------------------------------------------------------------------------

    In establishing Exchange Rule 18, the NYSE sought to provide a
mechanism for member organizations to receive compensation for losses
sustained in relation to an Exchange system failure. The Exchange seeks
to have the rule be more inclusive of its member organizations that may
sustain a loss in the event of an Exchange system failure. In practice
the requirement that the net loss equal at least $5,000 has resulted in
the exclusion of approximately half the member organizations that have
sustained losses in relation to an Exchange system failure from
qualifying to receive compensation. Accordingly, the Exchange seeks to
lower the net loss amount to $500. The Exchange believes that $500 is a
more appropriate threshold. The Exchange believes that this threshold
amount will be more inclusive and give more member organizations
opportunities to seek compensation for losses sustained in relation to
an Exchange system failure.
    Technical Amendments to the Rule
    The Exchange further proposes to make technical,l non-substantive
amendments to subparagraphs (d), (e), and (f) of Exchange Rule 18.
Specifically, subparagraph (d) provides that an ``Exchange-designated
panel'' will be responsible for determining the eligibility of claim
for payment. The Exchange seeks to amend the rule to state that the
name of the Exchange-designated panel is the ``Compensation Review
Panel'' for the sake of specificity and clarity. As such, references to
this panel have been changed to read ``Compensation Review Panel'' in
subparagraphs (d), (e), and (f) of the Rule.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) of the Act \8\ that an exchange have
rules that are designed to promote just and equitable principles of
trade, to remove impediments to and perfect the mechanism of a free and
open market and a national market system and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

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

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

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

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

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

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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    NYSE has requested that the Commission waive the 30-day operative
delay.\11\ The proposal reduces the minimum threshold amount for a net
loss sustained in relation to an Exchange system failure, thereby
providing more opportunities for member organizations to be compensated
for losses sustained in relation to an Exchange system failure. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will enable the Exchange to immediately implement the
proposal so that more member organizations' net loss claims will
qualify for compensation under the rule. For this reason, the
Commission designates the proposed rule change to be effective and
operative upon filing with the Commission.\12\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii). Rule 19b-4(f)(6) also requires
the self-regulatory organization to give the Commission notice of
its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the five-day pre-filing requirement.
    \12\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-95 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSE-2007-95. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's

Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the

submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for inspection and copying in the Commission's
Public Reference Room, 100 F Street, NE., Washington, DC 20549, on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal office of the NYSE. 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-NYSE-2007-95 and should be submitted on or before
November 26, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-21636 Filed 11-2-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17328-17329]
[FR Doc No: 2017-07016]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0007]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR),

this document provides the public notice that by a document dated
January 12, 2017, the Union Pacific Railroad has petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR 229.15, Remote control locomotives. FRA assigned the petition
Docket Number FRA-2017-0007.
    This request is for relief from performing the required tests under
49 CFR 229.15(16)(b)(i), which requires that each time an Operator
Control Unit (OCU) is linked to a Remote Control Locomotive (RCL), and
that at the start of each shift a railroad shall test: (i) The air
brakes and the OCU's safety features, including the tilt switch and
alerter device; and (ii) the man down-tilt feature automatic
notification. In addition, the Union Pacific is requesting relief from
49 CFR 229.15(16)(4), which requires that each time an RCL is placed in
service and at the first practical time after the start of each shift,
but no more than 2 hours after the start of that shift, locomotives
that utilize a positive train stop system, such as remote control
pullback protection, shall perform a conditioning run over a track that
the positive train stop system is being utilized on to ensure that the
system functions as intended.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested part
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 25, 2017 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-07016 Filed 4-7-17; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Page 57901]
[FR Doc No: 2016-20287]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR16-61-001.
    Applicants: Black Hills Gas Distribution LLC.
    Description: Tariff filing per 284.123(b), (e): Amended Statement
of Operation Conditions to be effective 6/1/2016; Filing Type: 1270.
    Filed Date: 8/15/2016.
    Accession Number:<PHONE_NUMBER>77, http://elibrary.ferc.gov/idmws/doc_info.asp?accession_num=20160415-5222.
    Comments Due: 5 p.m. ET 9/2/16.
    284.123(g) Protests Due: 5 p.m. ET 9/2/16.

    Docket Numbers: RP16-1173-000.
    Applicants: First ECA Midstream LLC.
    Description: Compliance filing Tariff filing in compliance with
Docket No. CP16-35-000 to be effective 9/15/2016.
    Filed Date: 8/16/16.
    Accession Number: 20160816-5245.
    Comments Due: 5 p.m. ET 8/29/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 17, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20287 Filed 8-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18293-18294]
[FR Doc No: 2014-07239]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9908-96-OA]

Notification of Two Public Teleconferences of the Science
Advisory Board Panel for the Review of the EPA Water Body Connectivity
Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces two public teleconferences of the
SAB Panel to discuss its draft advisory report concerning the EPA
document titled Connectivity of Streams and Wetlands to Downstream
Waters: A Review and Synthesis of the Scientific Evidence (September,
2013 External Review Draft, EPA/600/R-11/098B).

DATES: The SAB Panel for the Review of the EPA Water Body Connectivity
Report will conduct public teleconferences on April 28, 2014 and May 2,
2014. Each of the teleconferences will begin at 1:00 p.m. and end at
5:00 p.m. (Eastern Time).
    Location: The public teleconferences will be conducted by telephone
only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain information concerning the public teleconferences may contact
Dr. Thomas Armitage, Designated Federal Officer (DFO), EPA Science
Advisory Board Staff Office (1400R), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; via
telephone at<PHONE_NUMBER> or via email at<EMAIL_ADDRESS>
General information concerning the SAB as well as any updates
concerning the teleconferences announced in this notice may be found on
the EPA Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION: The SAB was established pursuant to the
Environmental Research, Development, and Demonstration Authorization
Act (ERDDAA), codified at 42 U.S.C. 4365, to provide independent
scientific and technical advice to the Administrator on the technical
basis for Agency positions and regulations. The SAB is a Federal
Advisory Committee chartered under the Federal Advisory Committee Act
(FACA), 5 U.S.C., App. 2. The SAB will comply with the provisions of
FACA and all appropriate SAB Staff Office procedural policies. Pursuant
to FACA and EPA policy, notice is hereby given that the SAB Panel for
the Review of the EPA Water Body Connectivity Report will hold two
public teleconferences to discuss its draft advisory report concerning
the EPA document titled Connectivity of Streams and Wetlands to
Downstream Waters: A Review and Synthesis of the Scientific Evidence
(September, 2013 External Review Draft, EPA/600/R-11/098B). This SAB
panel will provide advice to the Administrator through the chartered
SAB.
    Background: The SAB Panel for the Review of the EPA Water Body
Connectivity Report previously held a face-to-face meeting on December
16-18, 2013 to conduct a peer review of the EPA document titled
Connectivity of Streams and Wetlands to Downstream Waters: A Review and
Synthesis of the Scientific Evidence (September, 2013 External Review
Draft, EPA/600/R-11/098B) [Federal Register Notice dated September 24,
2013 (78 FR 58536-58537)]. Specifically, the Panel has been asked to
evaluate: the clarity and technical accuracy of the EPA document,
whether it includes the most relevant peer reviewed literature, whether
the literature has been correctly summarized, and whether the findings
and conclusions in the Report are supported by the available science.
The purpose of the upcoming teleconferences is for the SAB Panel to
discuss its draft advisory report. The two teleconferences will be
conducted as one complete meeting, beginning on April 28, 2014, and
continuing on May 2, 2014.
    Availability of Meeting Materials: Teleconference agendas, the SAB
Panel's draft advisory report, and any other meeting materials will be
placed on the SAB Web at http://www.epa.gov/sab in advance of the
teleconferences. For technical questions and information concerning the
EPA document, Connectivity of Streams and Wetlands to Downstream
Waters: A Review and Synthesis of the Scientific Evidence (September,
2013 External Review Draft, EPA/600/R-11/098B), please contact Dr.
Laurie Alexander, National Center for Environmental Assessment, Office
of Research and Development, U.S. EPA, 1200 Pennsylvania Avenue NW.,
Mail Code 8623P, Washington, DC 20460, telephone<PHONE_NUMBER> or via
email at<EMAIL_ADDRESS>    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office.
    Federal advisory committees and panels, including scientific
advisory committees, provide independent advice to EPA. Members of the
public can submit comments for a federal advisory committee to consider
as it develops advice for EPA. Input from the public to the SAB will
have the most impact if it provides specific scientific or technical
information or analysis for SAB panels to consider or if it relates to
the clarity or accuracy of the technical information. Members of the
public wishing to provide oral statements to the SAB Panel should
contact the DFO directly. Oral Statements: In general, individuals or
groups requesting an oral presentation at a public teleconference will
be limited to three minutes. Interested parties should contact Dr.
Thomas Armitage, DFO, in writing (preferably via email) at the contact
information noted above by April 23,

2014 to be placed on the list of public speakers for April 28, 2014.
Written Statements: Members of the public wishing to provide written
comments may submit them to the EPA Docket electronically via
www.regulations.gov by email, by mail, or by hand delivery/courier.
Please follow the detailed instructions provided in the written
statements section of this notice. Written statements should be
received in the EPA Docket by April 23, 2014 so that the information
may be made available to the SAB Panel for its consideration. Written
statements should be identified by Docket ID No. EPA-HQ-OA-2013-0582
and submitted to the Docket at www.regulations.gov by one of the
following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>Include the docket number in
the subject line of the message.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 28221T), Docket ID No. EPA-HQ-OA-2013-0582, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460. The phone number is<PHONE_NUMBER>.
     Hand Delivery: The OEI Docket is located in the EPA
headquarters Docket Center, Room 3334, WJC West Building, 1301
Constitution Ave. NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Deliveries are only accepted during the
docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Direct your comments to Docket ID No. EPA-HQ-OA-2013-0582. Please
ensure that your comments are submitted by April 23, 2014. Comments
received after that date will be marked late and may not be provided to
the SAB Panel for consideration before the April 28, 2014
teleconference. It is EPA's policy to include all comments received in
the public docket without change and to make the comments available on-
line at www.regulations.gov, including any personal information
provided, unless a comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email directly to EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comments due to technical difficulties
and cannot contact you for clarification, the SAB Panel may not be able
to consider your comments. Electronic files should avoid the use of
special characters and any form of encryption and be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Documents in the docket are listed in the www.regulations.gov
index. Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material will be publicly available only in hard copy. Publicly
available docket materials are available either electronically at
www.regulations.gov or in hard copy at the OEI Docket in the EPA
Headquarters Docket Center.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Thomas Armitage at
(202) 564-2155 or<EMAIL_ADDRESS>To request accommodation of
a disability, please contact Dr. Armitage preferably at least ten days
prior to the teleconference to give EPA as much time as possible to
process your request.

    Dated: March 26, 2014.
Thomas H. Brennan,
Deputy Director, EPA Science Advisory Staff Office.
[FR Doc. 2014-07239 Filed 3-31-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]
[Page 49489-49491]
[DOCID:fr13au10-53]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9189-5; EPA-HQ-OEI-2010-0263]

Establishment of a New System of Records for Personal Information
Collected by the Environmental Protection Agency When Certifying
Pesticide Applicators

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency's (EPA) Office of
Pesticide Programs, Field & External Affairs Division, is giving notice
that it proposes to create a new system of records pursuant to the
provisions of the Privacy Act of 1974 (5 U.S.C. 552a). This system of
records contains personal information collected when EPA certifies
persons to apply restricted use pesticides (RUPs).

DATES: Persons wishing to comment on this new system of records notice
must do so by September 22, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2010-0263, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>      Fax:<PHONE_NUMBER>.
     Mail: OEI Docket, Environmental Protection Agency, Mail
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2010-0263. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available (e.g., CBI or other information
for which disclosure is restricted by statute). Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jenna Carter, Office of Pesticide
Programs, Field & External Affairs Division, U.S. Environmental
Protection Agency, Mail Code 7506P, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. General Information

    The U.S. Environmental Protection Agency plans to create a Privacy
Act system of records to document the Agency's decisions on
applications filed requesting certification to apply restricted use
pesticides (RUP) under certification plans administered by EPA regional
offices or the Office of Pesticide Programs. The types of information
in the system include: (1) Contact information (e.g., name, address,
telephone number, e-mail address); (2) identification information
(e.g., birth date, proof of identification (e.g., driver's license
no.)), physical description (e.g., height, weight, gender, race)) (3)
certification information (e.g., EPA certified applicator number,
certification type (private or commercial), certification categories
(e.g., aerial, aquatic, fumigation), certification issuance and
expiration dates, and (4) information regarding qualifications (e.g.,
scores from EPA certification examinations; records of training and
continuing education; state, tribal or other federal agency
certification number(s), types, categories, issuance and expiration
dates; records of compliance with federal, state and tribal pesticide
laws). Some of this information is provided by the pesticide
applicators applying for EPA certification, and some is generated
during the certification process.
    The above information will be contained in one or more databases
(such as Lotus Notes) that reside on servers in EPA offices. The
database(s) may be specific to one particular pesticide applicator
certification plan, or may encompass several EPA pesticide applicator
certification plans. Records maintained in the database will include
applications, certifications, Agency decisions and correspondence
related to applicators seeking and maintaining EPA certifications.
    Records protected under the Privacy Act are subject to Agency-wide
security requirements governing all database systems at EPA. Privacy is
maintained by limiting access to database systems containing personal
information. Access to any such database system is limited to system
administrators, individuals responsible for evaluating the applications
and issuing the EPA certification, and program personnel responsible
for data entry. Physical access to the area where certifications are
processed is limited to EPA employees with building key cards. Paper
applications are stored in a locked cabinet when not in use. System
administrators will routinely disclose certain personal information
(e.g.,

names, addresses, EPA certification numbers, categories of
certification) upon request. EPA's Office of Pesticide Programs, Field
& External Affairs Division, will exercise general oversight of the
system of records associated with EPA-administered pesticide applicator
certification plans; databases for particular pesticide applicator
certification plans may be maintained by EPA regional offices and other
divisions of the Office of Pesticide Programs as authorized by the
Field & External Affairs Division.

    Dated: July 19, 2010.
Linda A. Travers,
Principal Deputy Assistant Administrator and Deputy Chief Information
Officer.
EPA-59

System Name:
    Records of Pesticide Applicators Certified Under EPA-Administered
Certification Plans

System Location:
    USEPA, Office of Pesticide Programs, Field & External Affairs
Division, Mail Code 7506P, 1200 Pennsylvania Ave., NW., Washington, DC
20460, and other EPA offices authorized by the Field & External Affairs
Division to maintain portions of the system.

Categories of Individuals Covered by the System:
    Persons certified or seeking certification to apply restricted use
pesticides (RUPs) under Certification Plans administered by EPA.

Categories of Records in the System:
    (a) Contact information (e.g., name, address, telephone number,
email address).
    (b) Identification information (e.g., birth date, proof of
identification (e.g., driver's license no.), physical description
(e.g., height, weight, gender, race)).
    (c) Data generated by EPA in the processing of the EPA
certification (e.g., EPA certified applicator number, certification
type (private or commercial), certification categories (e.g., aerial,
aquatic, fumigation), certification issuance and expiration dates).
    (d) Information regarding qualifications (e.g., scores from EPA
certification examinations; records of training and continuing
education; state, tribal or other federal agency certification
number(s), types, categories, issuance and expiration dates; records of
compliance with federal, state and tribal pesticide laws).

Authority for Maintenance of the System (Includes Any Revisions or
Amendments):
    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section
11(a)(1) provides for the certification of RUP applicators. 40 CFR
171.11 further describes certification procedures including the
completion and submission of certification applications to EPA,
issuance/revocation of certificates, monitoring of certifications, and
applicator recordkeeping requirements.

Purpose(s):
    The primary purpose of the system is to track RUP applicator
certifications issued by EPA under pesticide applicator certification
plans, including the initial applications/issuance and any renewals,
denials, or revocations of certifications. Certified applicators are
subject to RUP recordkeeping requirements under FIFRA, section 11 and
40 CFR part 171. The system may also be used to contribute to the
development of inspection targeting schemes to verify compliance with
recordkeeping requirements for RUPs.

Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
    RUPs may not be distributed, sold, or made available to persons
other than certified applicators. The system will be used to record the
identity and certification status of pesticide applicators certified by
EPA. Certain personal information contained in the system (e.g., date
of birth, drivers' license numbers) will be protected from general
disclosure under the Privacy Act: however, many of the records will be
subject to general routine uses (http://www.epa.gov/privacy/notice/
general.htm), particularly routine uses A, B, C, F, G, H, and K. Such
routine uses will include disclosures to RUP retailers and dealers in
order to verify the status of persons claiming to be certified by EPA,
and to state or tribal officials intending to grant certifications
based upon EPA's prior certification. Information from this system also
may be disclosed for law enforcement purposes to federal, state, and
tribal officials responsible for pesticide enforcement. Disclosure will
assist in determining compliance and non-compliance with Federal,
State, and tribal requirements of certified applicators.

Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
     Storage: Records will be stored using the Agency's
standard database system (e.g., Lotus Notes) and managed by system
administrators and Pesticide Office personnel.
     Retrievability: Data will be retrieved by the applicator's
name and certification action (e.g., new, recertification, duplicate).
     Safeguards:
    --Standard Agency-wide protections for internal databases.
    --The access control list is limited to Agency system
administrators, individuals responsible for evaluating applications and
issuing the EPA certifications and program personnel responsible for
data entry. No other EPA personnel have access to the database(s).
Program personnel are trained to protect sensitive and confidential
information submitted under FIFRA. No external access to the system is
provided.
     Retention and Disposal: Records stored in this system are
subject to Schedule 090.
     System Manager(s) and Address: Jenna Carter, Office of
Pesticide Programs, Field & External Affairs Division, U.S.
Environmental Protection Agency, Mail Code 7506P, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number<PHONE_NUMBER>.

Notification Procedures:
    Requests to determine whether this system of records contains a
record pertaining to you must be sent to the Agency's Freedom of
Information Office. The address is: U.S. Environmental Protection
Agency; 1200 Pennsylvania Ave., NW., Room 6416 West; Washington, DC
20460;<PHONE_NUMBER>; E-mail: (hq.foia@epa.gov); Attn: Privacy Act
Officer.

Record Access Procedures:
    Persons seeking access to their own personal information in this
system of records will be required to provide adequate identification
(e.g., driver's license, military identification card, employee badge
or identification card) and, if necessary, proof of authority.
Additional identity verification procedures may be required as
warranted. Requests must meet the requirements of EPA regulations at 40
CFR part 16.

Contesting Records Procedures:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out at 40 CFR part 16.

Record Source Categories:
    There are three sources of data for records stored in the system:

    (1) State, tribal or other Federal certification data upon which
the EPA certification is based.
    (2) Data provided by the requesting applicator at the time of its
request for EPA certification.
    (3) Data generated by EPA in the processing of the EPA
certification.

System exempted from certain provisions of the Privacy Act:
    None.

[FR Doc. 2010-20081 Filed 8-12-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Notices]
[Page 53449-53450]
[DOCID:fr11se06-75]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepting for Filing and Soliciting Motions
To Intervene, Protests and Comments

September 5, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12717-000.
    c. Date filed: July 19, 2006.
    d. Applicant: Northern Illinois Hydropower Corporation.
    e. Name of Project: Brandon Road Project.
    f. Location: On Des Plaines River, near Joliet, Will County,
Illinois.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Dennis Cohil, 801 Oakland Ave., Joliet,
IL 60435,<PHONE_NUMBER>. Damon Zdunich, 519 N. Reed Street, Joliet, IL
60435,<PHONE_NUMBER>.
    i. FERC Contact: Etta Foster,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Please include the project
number (P-12717-000) on any comments, protests, or motions filed.
    k. Description of Project: The proposed project would consist of:
The existing U.S. Army Corps of Engineers' Brandon Road Lock and Dam;
(1) An existing reservoir; (2) a proposed powerhouse containing two
generating units with a total generating capacity of 6.6 MW; (3) a
proposed 1.5 mile-long, 34-kVA overhead transmission line; (4) a
proposed switchyard; (5) a tailrace, and (6) appurtenant facilities.
    The project would have an estimated annual generation of
approximately 55,166,000 KWh. The applicant plans to sell the generated
energy.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.

    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', ``MOTION TO INTERVENE'',
``NOTICE OF INTENT'', or ``COMPETING APPLICATION'', as applicable, and
the Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. A copy of any motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    t. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-14966 Filed 9-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Page 22959]
[FR Doc No: 2022-08344]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, April 21, 2022.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: April 14, 2022.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-08344 Filed 4-14-22; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53093]
[FR Doc No: 2021-20716]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4484-DR; Docket ID FEMA-2021-0001]

Louisiana; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-4484-DR), dated March 24, 2020, and
related determinations.

DATES: This amendment was issued August 5, 2021.

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
dated March 24, 2020 for the State of Louisiana is hereby amended to
include the Hazard Mitigation Grant Program.

    All areas within the State of Louisiana are eligible for
assistance under the Hazard Mitigation Grant 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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-20716 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 240 (Friday, December 13, 2013)]
[Rules and Regulations]
[Pages 75899-75902]
[FR Doc No: 2013-29524]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0939]
RIN 1625-AA00

Safety Zone; 2013 Holiday Boat Parades, Captain of the Port Miami
Zone; FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary safety zones
during the month of December when holiday boat parades are scheduled to
occur on the navigable waterways in the vicinity of Palm Beach and
Miami, Florida. The safety zones consist of a series of moving zones
around participant vessels as they transit the navigable waters of the
United States during these events. The safety zones are necessary to
provide for the safety of the participants, participant vessels, and
general public on the navigable waters of the United States during the
events. Non-participant persons and vessels will be prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zones unless authorized by the Captain of the Port Miami or a
designated representative.

DATES: This rule is effective from December 13, 2013 until December 14,
2013. For purposes of enforcement, actual notice will be used from
December 7, 2013, until December 13, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0939]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email John K. Jennings, Sector Miami Prevention Department,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was waiting to
receive all boat parade event applications to determine if other
parades would need a safety zone and did not receive necessary
information regarding all the events until October 31, 2013. Special
local regulations for these events were previously promulgated at 33
CFR 100.701; however, the route and or date of these events does not
correspond with the route and or date published in the Code of Federal
Regulations. Furthermore, due to the diminishing size of these events,
through participants or spectators, the Coast Guard no longer deems
these events as needing a marine event permit or special local
regulation. The events require a safety zone in order to ensure safety
of the marine parade participants and the general public during the
parades. The Coast Guard had insufficient time to publish an NPRM and
to receive public comments prior to the issuance of this safety zone
for these events. Any delay in the effective date of this rule would be
contrary to the public interest as immediate action is needed to
minimize potential danger to the general public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for reasons stated above.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish safety zones and other limited access areas: 33 U.S.C. 1231;
46 U.S.C. Chapter 701, 46 U.S.C. 3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to provide for the safety of life on the
navigable waters during the holiday boat parades in the Captain of the
Port Miami Zone.

C. Discussion of Final Rule

    Multiple marine parades are planned for the holiday season
throughout the Captain of the Port Miami Zone. The Coast Guard is
establishing two safety zones for marine parades during the month of
December, 2013 within the navigable waters of the Captain of the Port
Miami Zone. The safety zones are listed below.
    1. Palm Beach, Florida. On December 7, 2013, Marine Industries
Association of Palm Beach County is sponsoring the Palm Beach Holiday
Boat Parade. The marine parade will be held on the waters of the
Intracoastal Waterway in Palm Beach, Florida. The marine parade will
consist of approximately 50 vessels. The marine parade will begin at
Lake Worth Daymarker 28 in North Palm Beach and end at the Loxahatchee
River Daymarker 7, east of the Glynn Mayo Highway Bridge in Jupiter,
Florida. A special local regulation was previously promulgated at 33
CFR 100.701; however, the route and date of the 2013

marine parade does not correspond with the route and date published in
the Code of Federal Regulations. Therefore, the special local
regulation set forth in 33 CFR 100.701 is inapplicable for this year's
marine parade. The safety zone consists of a moving zone extending 50
yards ahead of the lead parade vessel, 50 yards astern of the last
participant vessel, and 50 yards on either side of the parade. Notice
of the safety zone will be provided prior to the marine parade by Local
Notice to Mariners and Broadcast Notice to Mariners. The safety zone
will be enforced from 4:30 p.m. until 9:30 p.m. on December 7, 2013.
    2. Miami, Florida. On December 14, 2013, Miami Outboard Club is
sponsoring the Miami Outboard Holiday Boat Parade. The marine parade
will be held on the waters of Biscayne Bay, Miami, Florida and the
Intracoastal Waterway. The marine parade will consist of approximately
70 vessels. The marine parade will begin at the Miami Outboard Club on
Watson Island, head west around Palm Island and Hibiscus Island, head
east between Di Lido Island, south through Meloy Channel, west through
Government Cut to Bicentennial Park, south to the Dodge Island Bridge,
south in the Intracoastal Waterway to Claughton Island, circling back
to the north in the Intracoastal Waterway to end at the Miami Outboard
Club. A special local regulation was previously promulgated at 33 CFR
100.701, however, the date of the 2013 marine parade does not
correspond with the date published in the Code of Federal Regulations.
Therefore, the special local regulation set forth in 33 CFR 100.701 is
inapplicable for the 2013 marine parade. The safety zone consists of a
moving zone extending 50 yards ahead of the lead parade vessel, 50
yards astern of the last participant vessel, and 50 yards on either
side of the parade. Notice of the safety zone will be provided prior to
the marine parade by Local Notice to Mariners and Broadcast Notice to
Mariners. The safety zone will be enforced from 6:00 p.m. until 11:30
p.m. on December 14, 2013.
    Non-participant persons and vessels may request authorization to
enter the safety zones by contacting the Captain of the Port Miami by
telephone at<PHONE_NUMBER>, or a designated representative via VHF radio
on channel 16. If authorization to enter, transit through, anchor in,
or remain within the event areas is granted by the Captain of the Port
Miami or a designated representative, all persons and vessels receiving
such authorization must comply with the instructions of the Captain of
the Port Miami or a designated representative. The Coast Guard will
provide notice of the safety zones by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) These
safety zones will be enforced for less than 11 hours; (2) although non-
participant persons and vessels will not be able to enter, transit
through, anchor in, or remain within the safety zones without
authorization from the Captain of the Port Miami or a designated
representative, they may operate in the surrounding areas during the
enforcement period; (3) non-participant persons and vessels may still
enter, transit through, anchor in, or remain within the event areas
during the enforcement period if authorized by the Captain of the Port
Miami or a designated representative; (4) the safety zones will move
with the parade, and (5) the Coast Guard will provide advance
notification of the safety zones to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within the safety zones
during the respective enforcement period. For the reasons discussed in
the Regulatory Planning and Review Section above, this rule will not
have a significant economic impact on a substantial number of small
entities.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your

message can be received without jeopardizing the safety or security of
people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the creation of two safety zones. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add a temporary Sec.  165.T07-0939 to read as follows:

Sec.  165.T07-0939  Safety Zone; 2013 Holiday Boat Parades, Captain of
the Port Miami Zone; FL.

    (a) Regulated area. The following regulated areas are moving safety
zones:
    (1) Palm Beach, Florida. All waters within a moving zone that will
begin at Lake Worth Daymarker 28 in North Palm Beach and end at
Loxahatchee River Daymarker 7, east of the Glynn Mayo Highway Bridge in
Jupiter, Florida. The moving zone will include a buffer zone extending
50 yards ahead of the lead parade vessel, 50 yards astern of the last
participating vessel, and 50 yards on either side of the parade
participants. The safety zone will be enforced from 4:30 p.m. until
9:30 p.m. on December 7, 2013.
    (2) Miami, Florida. All waters within a moving zone that will
transit as follows: the marine parade will begin at the Miami Outboard
Club on Watson Island, head west around Palm Island and Hibiscus
Island, head east between Di Lido Island, south through Meloy Channel,
west through Government Cut to Bicentennial Park, south to the Dodge
Island Bridge, south in the Intracoastal Waterway to Claughton Island,
circling back to the north in the Intracoastal Waterway to end at the
Miami Outboard Club. The moving zone will include a buffer zone
extending to 50 yards ahead of the lead vessel, 50 yards astern of the
last participating vessel, and 50 yards on either side of the parade
participants. The safety zone will be enforced from 6:00 p.m. until
11:30 p.m. on December 14, 2013.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the safety zones without authorization from the
Captain of the Port Miami or a designated representative.
    (2) Non-participant persons and vessels desiring to enter, transit
through, anchor in, or remain within the safety zones may contact the
Captain of the Port Miami by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within a safety zone is granted
by the Captain of the Port Miami or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Miami or a designated
representative.
    (3) The Coast Guard will provide notice of the safety zones by
Local Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
    (d) Effective date. This rule is effective December 13, 2013],
until 11:30 p.m. on December 14, 2013. For purposes of enforcement,
actual notice will be used from from 4:30 p.m. on December 7, 2013,
until December 13, 2013.

    Dated: November 21, 2013.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-29524 Filed 12-12-13; 8:45 am]
BILLING CODE 9110-04-P